Housing Act 1969

Right to and amount of payments

1(1)Where a house has been purchased at site value in pursuance of a compulsory purchase order made by virtue of Part II or Part III of the Act of 1957 or in pursuance of an order under paragraph 2 of Schedule 2 to the [1961 c. 33.] Land Compensation Act 1961, or has been vacated in pursuance of a demolition order under Part II of the Act of 1957, a closing order under section 17 of that Act or a clearance order, then, if—

(a)the relevant date is later than 23rd April 1968 ; and

(b)on the relevant date and throughout the qualifying period the house was wholly or partly occupied as a private dwelling and the person so occupying it (or, if during that period it was so occupied by two or more persons in succession, each of those persons) was a person entitled to an interest in that house or a member of the family of a person so entitled ;

the authority concerned shall make in respect of that interest a payment of an amount determined in accordance with paragraphs 2 and 3 of this Schedule.

(2)Where an interest in a house purchased or vacated as mentioned in sub-paragraph (1) of this paragraph was acquired by any person (in this sub-paragraph referred to as the first owner) after 23rd April 1968 and less than two years before the relevant date, and a payment under sub-paragraph (1) of this paragraph in respect of that interest would have fallen to be made by the authority concerned had the qualifying period been a period beginning with the acquisition and ending with the relevant date, the authority concerned shall make to the person who was entitled to the interest at the date the house was purchased or vacated a payment of the like amount, if—

(a)the authority are satisfied that before acquiring the interest the first owner had made all reasonable enquiries to ascertain whether it was likely that the order, notice or declaration by reference to which the relevant date is defined in paragraph 5(1) of this Schedule would be made or served within two years of the acquisition and that he had no reason to believe that it was likely ; and

(b)the person entitled to the interest at the date when the house was purchased or vacated was the first owner or a member of his family.

(3)Where during a part of the qualifying period amounting, or during parts thereof together amounting, to not more than one year a person previously in occupation of the whole or part of the house was not in occupation thereof by reason only of a posting in the course of his duties as a member of the armed forces of the Crown or of a change in the place of his employment or occupation he shall be deemed for the purposes of this paragraph to have continued in occupation during that part or those parts.

2Subject to paragraph 3 of this Schedule, the amount of any payment made under the preceding paragraph in respect of an interest shall be an amount equal to its full compulsory purchase value less the compensation which was or would have been payable in respect of the interest in connection with the compulsory purchase of the house at site value.

3(1)The amount which would otherwise be payable under paragraph 1 of this Schedule shall be reduced by such part, if any, of that amount as may reasonably be attributed to any part of the house occupied for any purposes other than those of a private dwelling at the date of the making of the compulsory purchase order, demolition order, closing order, clearance order or order under paragraph 2 of Schedule 2 to the [1961 c. 33.] Land Compensation Act 1961.

(2)Any question arising under this paragraph as to the purposes for which any part of a house was occupied shall be determined by the Minister, and subject thereto the amount of any payment under paragraph 1 of this Schedule in respect of an interest shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest under Part III of the Act of 1957, and the payment shall, subject to sub-paragraph (3) of this paragraph, be dealt with as if it were such compensation.

(3)Any such payment in respect of an interest which, at the date when the house was purchased compulsorily or, as the case may be, vacated, was held by virtue of an agreement to purchase by instalments shall be made to the person entitled to the interest at that date.