OpenLegislation

Section 270 Demolition orders: recovery of possession of building to be demolished.

(1)

Where a demolition order has become operative F1with respect to any premises, the local housing authority shall serve on F2any occupier of the premises or any part of the premises a notice—

(a)

stating the effect of the order,

(b)

specifying the date by which the order requires the F3premises to be vacated, and

(c)

requiring him to quit the premises before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2)

If any person is in occupation of F4the premises, or any part of F5them, at any time after the date on which the notice requires the premises to be vacated, the local housing authority or an owner of the premises may apply to the county court which shall thereupon order vacant possession of the premises or part to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

(3)

Nothing in the Rent Acts F6, the Renting Homes (Wales) Act 2016 (anaw 1) or secondary legislation made under that Act F7or Part I of the Housing Act 1988 affects the provisions of this section relating to the obtaining possession of F8any premises.

(4)

Expenses incurred by the local housing authority under this section in obtaining possession of any premises, or part of any premises, may be recovered by them by action from the owner, or from any of the owners, of the premises.

(5)

A person who, knowing that a demolition order has become operative and applies to any premises—

(a)

enters into occupation of the premises, or a part of them, after the date by which the order requires them to be vacated, or

(b)

permits another person to enter into such occupation after that date,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which the occupation continues after conviction.

Annotations

Textual amendments

F1

Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(1)(a)

F2

Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(1)(b)

F3

Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(1)(c)

F4

Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(2)(a)

F5

Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(2)(b)

F6

Words in s. 270(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(20) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F7

Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 47

F8

Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s.165(1)(b), Sch. 9 Pt. II para. 18(2)(c)

Notes on Part IX

Modifications

C1

Pt. IX (ss. 264–323) extended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 11

C2

Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C3

Pt. IX (ss. 264–323) extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 1(2)(xxxii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58