Housing Act 1985

Demolition or closing of unfit premises beyond repair at reasonable costE+W

[F1264 Power to make closing order.E+W

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2S. 264 repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(1)(c) (with Sch.)

[F3265 Demolition ordersE+W

(1)If—

(a)the local housing authority are satisfied that a category 1 hazard exists in a dwelling or HMO which is not a flat, and

(b)this subsection is not disapplied by subsection (5),

making a demolition order in respect of the dwelling or HMO is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).

(2)If, in the case of any building containing one or more flats—

(a)the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and

(b)this subsection is not disapplied by subsection (5),

making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.

(3)The local housing authority may make a demolition order in respect of a dwelling or HMO which is not a flat if—

(a)they are satisfied that a category 2 hazard exists in the dwelling or HMO,

(b)this subsection is not disapplied by subsection (5), and

(c)the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.

(4)The local housing authority may make a demolition order in respect of any building containing one or more flats if—

(a)they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building,

(b)this subsection is not disapplied by subsection (5), and

(c)the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.

(5)None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.

(6)This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).

(7)In this section “HMO” means house in multiple occupation.

(8)An order made under subsection (3) or (4)—

(a)may make different provision for different cases or descriptions of case (including different provision for different areas);

(b)may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.]

Textual Amendments

F3S. 265 substituted (18.11.2004 for certain purposes and 6.4.2006 in so far as not already in force for E. and 16.6.2006 in so far as not already in force for W.) by Housing Act 2004 (c. 34), ss. 46, 270(2)(b)(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

Textual Amendments

267 Content of demolition F5. . . .E+W

(1)A demolition order is an order requiring that the premises—

(a)be vacated within a specified period (of at least 28 days) from the date on which the order becomes operative, and

(b)be demolished within six weeks after the end of that period or, if it is not vacated before the end of that period, after the date on which it is vacated or, in either case, within such longer period as in the circumstances the local housing authority consider it reasonable to specify.

(2)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5S. 267: words in sidenote repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F6S. 267(2) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1) ( with Sch.); S.I. 2006/1535, {art.2 (c)(v)} ( with Sch.)

F7S. 267(3) repealed (6.4.2006 for E. and 16.4.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5); S.I. 2006/1060, art. 2(1) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

[F8268 Service of copies of demolition order.E+W

(1)A local housing authority who have made a demolition order must serve a copy of the order on every person who, to their knowledge, is—

(a)an owner or occupier of the whole or part of the premises to which the order relates,

(b)authorised to permit persons to occupy the whole or part of those premises, or

(c)a mortgagee of the whole or part of the premises.

(2)The copies required to be served under subsection (1) shall be served within the period of seven days beginning with the day on which the order is made.

(3)A copy of the order is to be regarded as having been served on every occupier in accordance with subsections (1) and (2) if a copy of the order is fixed to some conspicuous part of the premises within the period of seven days mentioned in subsection (2).

(4)A demolition order against which no appeal is brought under section 269 becomes operative at the end of the period of 28 days beginning with the day on which the order is made and is final and conclusive as to matters which could be raised on an appeal.

(5)Section 246 of the Housing Act 2004 (service of notices)—

(a)applies in relation to copies required to be served under this section (instead of section 617 below), and

(b)so applies as it applies in relation to documents required to be served under any provision of Parts 1 to 4 of that Act.]

Textual Amendments

F8S. 268 substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5), Sch. 15 para. 13; S.I. 2006/1060 {art. 2(1)(d)} (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

269 Right of appeal against order.E+W

(1)A person aggrieved by a [F9demolition order may, within the period of 28 days beginning with the day on which the order is made,], appeal to the [F10a residential property tribunal]

(2)No appeal lies at the instance of a person who is in occupation of the premises [F11or part of the premises] under a lease or agreement with an unexpired term of three years or less.

(2A)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)On an appeal the [F13tribunal]—

(a)may make such order either confirming or quashing or varying the order as it thinks fit, F14. . .

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)If an appeal is brought the order does not become operative until—

(a)a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the [F17Upper Tribunal] may be brought expires without any such appeal having been brought, or

(b)if a further appeal to the [F17Upper Tribunal] is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

Textual Amendments

F9Words in s. 269(1) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5), Sch. 15 para. 14; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)

F10Words in s. 269(1) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(2)(a), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

F12S. 269(2A) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F13Word in s. 269(3) substituted (6.4.2006 for E and 16. 6. 2006 for W) by Housing Act 2004 (c.34), ss. {48(2)(b}), 270(4)(5);S.I. 2006/1060, art. 2(1) (with arts. 2, 3, Sch.); S.I. 2006/1535,{art. 2(a)} (with art. 3, Sch.)

F15S. 269(3A) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F17Words in s. 269(6)(a)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307), art. 5(1)(2), {Sch. 1 para. 172} (with Sch. 5)

[F18269AAppeals suggesting certain other courses of actionE+W

(1)One ground of appeal under section 269 in relation to a demolition order made under section 265 is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.

(2)The courses of action are—

(a)serving an improvement notice under section 11 or 12 of the Housing Act 2004;

(b)making a prohibition order under section 20 or 21 of that Act;

(c)serving a hazard awareness notice under section 28 or 29 of that Act; or

(d)declaring the area in which the premises concerned are situated to be a clearance area in accordance with section 289 of this Act.

(3)Subsection (4) applies where—

(a)a residential property tribunal is hearing an appeal under section 269 in relation to a demolition order made under section 265; and

(b)the grounds on which the appeal is brought are or include the ground that a course of action mentioned in subsection (2) is the best course of action in relation to each hazard concerned.

(4)The tribunal shall have regard to any guidance given to the local housing authority under section 9 of the Housing Act 2004.

(5)Subsection (6) applies where—

(a)an appeal under section 269 is allowed against a demolition order made under section 265; and

(b)the reason or one of the reasons for allowing the appeal is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.

(6)The tribunal shall, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.

(7)Subsection (1) of this section is without prejudice to the generality of section 269.]

Textual Amendments