Housing Act 1988

95 Property excluded from right. E+W

(1) A building shall be excluded from an acquisition under this Part if on the relevant date—

(a) any part or parts of the building is or are occupied or intended to be occupied otherwise than for residential purposes; and

(b) the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the building (taken as a whole);

and for the purposes of this subsection the internal floor area of any common parts or common facilities shall be disregarded.

(2) In the application of subsection (1) above to property falling within section 93(1)(b) above, a building or part of a building which, apart from this subsection, would not be regarded as occupied for residential purposes shall be so regarded if—

(a) it is or is intended to be occupied together with a dwelling-house and used for purposes connected with the occupation of the dwelling-house; or

(b) it is or is intended to be used for the provision of services to a dwelling-house which is comprised in a building falling within section 93(1)(a) above.

(3) A building shall be excluded from an acquisition under this Part if—

(a) it contains two or more dwelling-houses which on the relevant date are occupied by secure tenants who are not qualifying tenants; and

(b) the number of dwelling-houses which on that date are occupied by such tenants exceeds 50 per cent. of the total number of dwelling-houses in the building.

(4) A dwelling-house shall be excluded from an acquisition under this Part if it is a house and it is occupied on the relevant date by—

(a) a secure tenant who is precluded from being a qualifying tenant by section 93(4)(b) above; or

(b) a tenant who is not a secure tenant.

(5) A building or other property shall be excluded from an acquisition under this Part if—

(a) it was specified in some other application made under section 96 below made before the relevant date; and

(b) that other application has not been disposed of.

(6) Except to the extent that it comprises or is let together with a dwelling-house, property shall be excluded from an acquisition under this Part if it is land held—

(a) for the purposes of section 164 of the M1 Public Health Act 1875 (pleasure grounds); or

(b) in accordance with section 10 of the M2 Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds).

(7) The Secretary of State may by order substitute for the percentage for the time being specified in subsection (1)(b) above such other percentage as is specified in the order.

Marginal Citations

M1 1875 c. 55.

M2 1906 c. 25.