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Housing Act 1985

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Use of condemned houses for temporary housingaccommodation

300Purchase of houses liable to be demolished or closed.

(1)Where the local housing authority would be required under section 265 to make a demolition or closing order in respect of a house, they may, if it appears to them that the house is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, purchase it instead.

(2)Where an authority have determined to purchase a house under this section—

(a)they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition or closing order, and

(b)sections 268(2) and 269 (operative date and right of appeal) apply to such a notice as they apply to a demolition or closing order.

(3)At any time after the notice has become operative the authority may purchase the house by agreement or be authorised by the Secretary of State to purchase it compulsorily.

(4)In this section “house”—

(a)does not have the extended meaning given by section 264(7) (temporary or movable structures), and

(b)does not include premises against which action is taken by virtue of section 266 (parts of buildings and underground rooms).

(5)This section does not apply where section 304(1) applies (listed building or building protected pending listing).

301Retention of houses acquired for clearance.

(1)The local housing authority, having declared an area to be a clearance area, may postpone for such period as they may determine the demolition of houses on land purchased by them within the area if, in their opinion, the houses are or can be rendered capable of providing accommodation of a standard which is adequate for the time being.

(2)Where the local housing authority are satisfied that a house on land purchased by them within a clearance area which is not retained by them for temporary use for housing purposes—

(a)is required for the support of a house which is so retained, or

(b)should not be demolished for the time being for some other special reason connected with the exercise in relation to the clearance area of the authority’s powers under subsection (1).

they may retain the house for the time being and are not required to demolish it so long as it is required for that purpose or, as the case may be, so long as those powers are being exercised by the authority in relation to that area.

(3)Where the demolition of any houses in a clearance area is postponed under this section, the local housing authority may also postpone the taking of proceedings under section 290(1) (acquisition of land for clearance) in respect of buildings other than houses within the area.

302Management and repair of houses acquired under s. 300 or retained under s. 301.

Where a house is acquired by a local housing authority under section 300 or retained by a local housing authority under section 301 for temporary use for housing purposes—

(a)the authority have the like powers in respect of the house as they have in respect of dwellings provided by them under Part II (provision of housing accommodation);

(b)the authority may carry out such works as may from time to time be required for rendering and keeping the house capable of providing accommodation of a standard which is adequate for the time being pending its demolition;

(c)section 8 of the [1985 c. 70.] Landlord and Tenant Act 1985 (implied condition of fitness for human habitation) does not apply to a contract for the letting of the house by the authority.

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