OpenLegislation

Section 44 Avoidance of certain disposals of houses without consent.C1C2C3

(1)

A disposal of a house by a local authority made without the consent required by section 32 or 43 is void, unless—

(a)

the disposal is to an individual (or to two or more individuals), and

(b)

the disposal does not extend to any other house.

(2)

Subsection (1) has effect notwithstanding section 29 of the M1Town and Country Planning Act 1959 and section 128(2) of the M2Local Government Act 1972 (protection of purchasers dealing with authority).

(3)

In this section “house” does not have the extended meaning applicable by virtue of the definition of “housing accommodation” in section 56, but includes a flat.

Annotations

Marginal citations

M1

1959 c. 53.

M2

1972 c. 70.

Modifications

C1

Ss. 43, 44, 45 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61

C2

Ss. 43, 44 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C3

Ss. 43, 44 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(a)

Notes on Part II

Modifications

C1

Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

C2

Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I