The Tower Hamlets Housing Action Trust (Transfer of Property) Order 1994

Statutory Instruments

1994 No. 695

HOUSING, ENGLAND AND WALES

The Tower Hamlets Housing Action Trust (Transfer of Property)Order 1994

Made

10th March 1994

Laid before Parliament

10th March 1994

Coming into force

31st March 1994

The Secretary of State for the Environment, in exercise ofthe powers conferred on him by sections 74 and 75(4) of theHousing Act 1988(1) and of all other powers enablinghim in that behalf, after consulting the council of the LondonBorough of Tower Hamlets(2) and taking such steps asappear to him to be appropriate in accordance with section 75(3)of that Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Tower Hamlets Housing ActionTrust (Transfer of Property) Order 1994 and shall come into forceon 31st March 1994.

Interpretation

2.  In this Order—

• “the council” means the council of the London Borough ofTower Hamlets;

• “the map” means the map entitled “Map referred to inthe Tower Hamlets Housing Action Trust (Transfer of Property)Order 1994” of which prints, signed by an Under Secretary inthe Department of the Environment, are deposited and availablefor inspection at the principal office of the Secretary of Statefor the Environment, the council, and the trust;

• “the transfer date” means 31st March 1994; and

• “the trust” means the Tower Hamlets Housing ActionTrust.

Transfer of land

3.  Subject to article 4 of this Order, the interest of thecouncil in the housing and other land within the area designatedas a housing action trust by the Tower Hamlets Housing ActionTrust (Area and Constitution) Order 1993(3) and shownon the map bounded externally by a black line and edgedinternally with a stippled band shall vest in the trust on thetransfer date together with all easements and rights vested inthe council which are annexed or appurtenant to the landtransferred by this order (or any part of the land).

Mortgages

4.  The interest of the council in any mortgage effected inpursuance of a secure tenant’s right to a mortgage under section132 of the Housing Act 1985(4) shall not vest in thetrust.

Financial terms

5.—(1) On the transfer date the trust shall pay to the council£66,000 in respect of arrears of rent arising before thetransfer date under tenancies of any of the land transferred bythis Order.

(2) If any part of the sum payable under paragraph (1) of thisarticle is unpaid, the trust shall further pay the councilinterest at such rate as may be prescribed by regulations undersection 32 of the Land Compensation Act 1961(5) whileit remains unpaid.

(3) Payments to the council under this article shall not beregarded for the purposes of Part IV of the Local Government andHousing Act 1989(6) as sums received by the councilin respect of a disposal falling within section 58(1)(a) of theAct.

Signed by authority of the Secretary of State

G. S. K. Young

Minister of State,

Department of the Environment

10th March 1994

Explanatory Note

(This note is not part of the Order)

This Order vests in the Tower Hamlets Housing Action Trustthe housing and other land comprising the three housing estatesknown as Tredegar Road, Lefevre Walk and Monteith Estates, Bow,which is currently vested in the council of the London Borough ofTower Hamlets (article 3). The Order also sets the financialterms of the transfer (article 5). The property transferred is inthe area designated by the Tower Hamlets Housing Action Trust(Area and Constitution) Order 1993 which established the TowerHamlets Housing Action Trust.

The housing and other land transferred is identified on a mapwhich is deposited and available for inspection at the offices ofthe Department of the Environment, 2 Marsham Street, London SW13EB, the council of the London Borough of Tower Hamlets, MulberryPlace, 5 Clove Crescent, London E14 2BG, and the Tower HamletsHousing Action Trust, 278-279 Lefevre Walk, Bow, London E3 2RD.

(1)

1988 c. 50; section 74(6) was amended by the LocalAuthorities (Capital Finance) (Consequential Amendments) Order1990, S.I. 1990/778.

(2)

See section 75(2) of the Housing Act 1988.

(3)

S.I. 1993/1636.

(4)

1985 c. 68.

(5)

1961 c. 33.

(6)

1989 c. 42.