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The Stonebridge Housing Action Trust (Transfer of Property) Order 1995

S.I. 1995/2248 · Made 29 August 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND AND WALES

Made 29th August 1995

Laid before Parliament 31st August 1995

Coming into force 25th September 1995

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 1988f1 and of all other powers enabling him in that behalf, after consulting the council of the London Borough of Brentf2 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:

Annotations to the whole text

Footnotes

f1

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

f2

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

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer of Land
  4. 4Mortgages
  5. 5Financial terms
  6. Signature
  7. Explanatory note

1Citation and commencement

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.

2Interpretation

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.

3Transfer of Land

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 1994f1 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).

4Mortgages

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 1985f1 shall not vest in the trust.

5Financial terms

(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 1925f1.

(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 1961f2 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 1989f3 as sums received by the council in respect of a disposal falling within section 58(1)(a) of the Act.

Signature

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

29th August 1995

Explanatory note

(This note is not part of the Order)

This Order vests in the Stonebridge Housing Action Trust the housing and other land comprising the housing estate known as Stonebridge Estate, located on the A404 Harrow Road, between Harlesden and Wembley, which is currently vested in the council of the London Borough of Brent (article 3). The Order also sets the financial terms of the transfer (article 5). The property transferred is in the area designated by the Stonebridge Housing Action Trust (Area and Constitution) Order 1994 which established the Stonebridge Housing Action Trust.

The map referred to in the Order is deposited and available for inspection at the offices of the Department of the Environment, 2 Marsham Street, London SW1 3EB, the council of the London Borough of Brent, The Town Hall, Forty Lane, Wembley, Middlesex HA9 9DB and the Stonebridge Housing Action Trust, 12, Donovan Court, Exton Crescent, Stonebridge Estate, London NW10 8DB.