1995 No. 2248
The Stonebridge Housing Action Trust (Transfer of Property) Order 1995
Made
Laid before Parliament
Coming into force
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 74 and 75(4) of the Housing Act 19881 and of all other powers enabling him in that behalf, after consulting the council of the London Borough of Brent2 and taking such steps as appear to him to be appropriate in accordance with section 75(3) of that Act, hereby makes the following Order:
Citation and commencement1
This Order may be cited as the Stonebridge Housing Action Trust (Transfer of Property) Order 1995 and shall come into force on 25th September 1995.
Interpretation2
In this Order—
“the council” means the council of the London Borough of Brent;
“the map” means the map entitled “Map referred to in the Stonebridge Housing Action Trust (Transfer of Property) Order 1995” of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the principal office of each of the Secretary of State for the Environment, the council and the trust;
“the transfer date” means 25th September 1995; and
“the trust” means the Stonebridge Housing Action Trust.
Transfer of Land3
Subject to article 4 of this Order, the interest of the council in the housing and other land within the area designated as a housing action trust area by the Stonebridge Housing Action Trust (Area and Constitution) Order 19943 and shown on the map bounded internally by a broken black line and excluding the hatched areas bounded internally by a broken black line shall vest in the trust on the transfer date together with all easements and rights vested in the council which are annexed or appurtenant to the land transferred by this Order (or any part of the land).
Mortgages4
The interest of the council in any mortgage effected in pursuance of a secure tenant’s right to a mortgage under section 132 of the Housing Act 19854 shall not vest in the trust.
Financial terms5
1
On the transfer date the trust shall pay to the council £80,550 in respect of arrears of rent arising before the transfer date—
a
under tenancies of any of the housing transferred by this Order where such tenancies have not been determined prior to the transfer date, and
b
under tenancies of other land transferred by this Order whether or not such tenancies have been determined.
2
Any rent or other sum arising under a tenancy of land transferred by this Order and falling due before the transfer date, except for the arrears described in paragraph (1) of this article, shall continue to be recoverable by the council to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested notwithstanding anything in section 141 of the Law of Property Act 19255.
3
If any part of the sum payable under paragraph (1) of this article is unpaid, the trust shall further pay the council interest at such rate as may be prescribed by regulations under section 32 of the Land Compensation Act 19616 while it remains unpaid.
4
Payments to the council under this article shall not be regarded for the purposes of Part IV of the Local Government and Housing Act 19897 as sums received by the council in respect of a disposal falling within section 58(1)(a) of the Act.
Signed by authority of the Secretary of State
(This note is not part of the Order)