Landlord Advice UK Tenant Eviction Service For Landlords

Demolition Order

A demolition order is a legal enforcement action available to local authorities under the Housing Act 1985 (as amended by the Housing Act 2004) to address properties with Category 1 hazards. These hazards pose the highest risk to health and safety under the Housing Health and Safety Rating System (HHSRS). When issued, a demolition order requires the owner to demolish the property. Below, we detail the key factors, landlord obligations, and tenant rights associated with demolition orders.

Factors Considered Before Issuing a Demolition Order

Before making a demolition order, the local authority must assess the following factors to determine whether demolition is the most appropriate course of action:

• Availability of Local Accommodation: The authority must consider the availability of alternative housing for displaced occupants.[1]
• Demand and Sustainability: Whether the property, if repaired, would meet local housing demand and remain viable for long-term use.
• Future Use of the Site: Prospective redevelopment or use of the cleared land.
• Impact on the Local Environment: The suitability of the area for residential use and the effect of a demolished site on the surrounding neighbourhood.

Case law, such as R v Cardiff City Council, ex parte Crosswell (1995), highlights the importance of proper evaluation by local authorities to ensure demolition orders are reasonable and proportionate.

Possession Orders for Occupied Properties

If the property is occupied, the local authority or the owner must obtain a possession order before carrying out the demolition. This applies even where tenants have security of tenure under the Rent Act 1977 and the Housing Acts 1985 and 1988.[2]

• Possession orders can override tenant protections to facilitate compliance with the demolition order.

Tenant Rights and Compensation

Tenants displaced by a demolition order may be entitled to specific rights and compensation, including:

1. Home Loss Payments:
   • Tenants who have lived in the property for at least one year are entitled to compensation under the Land Compensation Act 1973.[3]
   • See our page on Home Loss Payments for detailed guidance.
2. Rehousing Obligations:
   • Displaced tenants and licensees may have the right to be rehoused by the local authority under the Land Compensation Act 1973.[4]
   • See our page on Rehousing for further details.

Case law, such as Hounslow LBC v Powell (2011), underscores the importance of local authorities fulfilling their rehousing obligations where tenants are displaced by enforcement actions.

Failure to Comply with a Demolition Order

If the property owner fails to demolish the property as required by the demolition order:

• The local authority can enter the premises and carry out the demolition themselves.
• The authority can recover associated costs from the property owner under Section 271 of the Housing Act 1985.[5]

Alternative to Demolition Orders: Property Acquisition

Instead of issuing a demolition order, the local authority may opt to acquire the property if it can provide adequate temporary accommodation. This determination is made under Section 300 of the Housing Act 1985 (as amended by Schedule 15 of the Housing Act 2004).[6]

---

Key Legal References

1. Factors for Demolition Orders: Section 265 Housing Act 1985, as amended by Section 46 Housing Act 2004; Housing Health and Safety Rating System Enforcement Guidance, para 5.44 (February 2006).
2. Possession Orders: Sections 270(2) and (3) Housing Act 1985.
3. Home Loss Payments: Section 29 Land Compensation Act 1973.
4. Rehousing Obligations: Section 39 Land Compensation Act 1973.
5. Failure to Comply with Demolition Orders: Section 271 Housing Act 1985.
6. Property Acquisition: Section 300 Housing Act 1985, as amended by para 20 Schedule 15 Housing Act 2004.