Initial demolition notice: suspension of right to buy

Release Date: 02-May-2013

Numbers 1-43 (inclusive) Ibbotson Flats, Huddersfield, West Yorkshire HD1 1SY and numbers 1-43 (inclusive) Lonsbrough Flats, Huddersfield, West Yorkshire HD1 1SX ('the Relevant Premises')
Intention to Demolish

We, The Council of the Borough of Kirklees (’the Council’) intend to demolish the Relevant Premises pursuant to the provisions of Section 138B and paragraph 13 of Schedule 5 of the Housing Act 1985, as amended (‘the Act’).

Reason for Demolition

The Council intends to demolish the Relevant Premises to enable the site to be sold to Tesco Stores Limited to redevelop the site for a new super store as part of a comprehensive programme of regeneration proposals affecting this and other sites in Huddersfield town centre.

Operation and expiry of the Final Demolition Notice

The Notice shall replace the Initial Demolition Notice served on the Relevant Premises on 6 May 2008.

The Council confirms that condition B as set out in paragraph 14(3) of Schedule 5 of the Act is satisfied. This condition states that:

a) the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, but
b) none of those other premises needs to be acquired by the landlord in order for the landlord to be able to demolish them.

The Notice will cease to be in force on 1 May 2015 this being no more than two years from the date that the Notice was served, unless the Secretary of State agrees to extend this period.

Effect of this Final Demolition Notice

Whilst the Notice is in force the right to buy does not arise in respect of any dwelling house forming part of the Relevant Premises. Any existing claim to exercise the right to buy in respect of any dwelling house forming part of the Relevant Premises will cease to be effective on the Notice coming into force.

Right to Compensation

1. There may be a right to compensation under section 138C of the Housing Act 1985 for certain expenditure incurred in respect of any existing right to buy claim that has been exercised.

2. Any claim for compensation under the previous paragraph of this Notice should be served upon the Council at the address below within the period of three months beginning from the operative date of this Notice. Compensation under section 138C is compensation in respect of expenditure reasonably incurred by the tenant before the operative date in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise of that right to buy claim.

Dated: 2 May 2013
Vanessa Redfern
Acting Assistant Director – Legal, Governance and Monitoring
4th Floor, Civic Centre 1, Huddersfield, HD1 2NF

Further information about this Notice is obtainable from the Council’s managing agent:

Kirklees Neighbourhood Housing, Perseverance House, St Andrews Road, Huddersfield, HD1 6RZ
Contact: Peter Beck, Contracts Manager - Telephone: (01484) 416490)