Housing Act 1985

590 Repayment on revocation of demolition or closing order.

(1) Where a payment in respect of a house has been made by a local housing authority under Schedule 23 or 24 in connection with a demolition or closing order and—

(a) the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of house), or

(b) the closing order is determined under section 278 (determination of closing order on premises being rendered fit),

then, if at that time the person to whom the payment was made is entitled to an interest in the house, he shall on demand repay the payment to the authority.

(2) In subsection (1) “interest” in the house does not include the interest of a tenant for a year or any less period or of a statutory tenant.

(3) Where by virtue of section 278 a closing order is determined as respects part of the premises to which it relates and—

(a) a payment has been made by the local housing authority in respect of the premises in pursuance of Schedule 23 or 24, and

(b) if the order and payment had related only to that part of the premises any person would by virtue of subsection (1) have been liable on demand to repay the payment to the authority,

that person shall on demand pay to the authority an amount equal to the appropriate fraction of the payment.

(4) The appropriate fraction of the payment is, except where subsection (5) applies, the fraction obtained by dividing the rateable value of the part of the premises in question by the rateable value of the premises.

(5) If the payment was reduced in pursuance of paragraph 4(3) of Part I of Schedule 24 (reduction where part of premises not occupied for purposes of private dwelling), the appropriate fraction is the fraction obtained by dividing the rateable value of so much of the part of the premises in question as was used for the purposes of a private dwelling by the rateable value of so much of the premises as was so used.

(6) For the purposes of subsections (4) and (5) the rateable value of premises or a portion of them is—

(a) if the premises or portion are a hereditament for which a rateable value is shown in the valuation list in force on the date on which the closing order was made, that rateable value;

(b) if the premises or portion form part only of such a hereditament, or consist of or form part of more than one such hereditament, such value as is found by a proper apportionment or aggregation of the rateable value or values shown;

and any question arising as to the proper apportionment or aggregation of any value or values shall be referred to and determined by the district valuer.