Section 29: Right to home loss payment where person displaced from dwelling., Land Compensation Act 1973

Where a person is displaced from a dwelling on any land in consequence of—

the compulsory acquisition of an interest in the dwelling;

the making of a housing order in respect of the dwelling;

where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of any improvement to the dwelling or of redevelopment on the land,

the carrying out of any improvement to the dwelling or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement is either a private registered provider of social housing or a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);

the making of an order for possession on ground 10 or 10A in Part II of Schedule 2 to the Housing Act 1985;

the making of an order for possession of a dwelling subject to a tenancy which is a secure contract on ground A or ground B of the Estate Management Grounds in Part 1 of Schedule 8 to the Renting Homes (Wales) Act 2016 (anaw 1),

he shall, subject to the provisions of this section and sections 32 and 32A below, be entitled to receive a payment (hereafter referred to as a "home loss payment") from

A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement—

he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and

he has been in such occupation by virtue of an interest or right to which this section applies,

but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a " discretionary payment ") may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the compulsory acquisition of an interest therein if he gives up his occupation thereof before the date on which the acquiring authority were authorised to acquire that interest, but, subject to that, it shall not be necessary for the acquiring authority to have required him to give up his occupation of the dwelling.

For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of that improvement.

For the purposes of this section a person must not be treated as displaced from a dwelling in consequence only of the compulsory acquisition of part of a garden or yard or of an outhouse or appurtenance belonging to or usually enjoyed with the building which is occupied or is intended to be occupied as the dwelling.

This section applies to the following interests and rights—

any interest in the dwelling;

a right to occupy the dwelling—

as a statutory tenant within the meaning of theRent (Agriculture) Act 1976 or the Rent Act 1977, or

under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a right to occupy the dwelling under a contract of employment.

a right to occupy the dwelling under a licence where—

it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,

Part IV of the Housing Act 1985 (secure tenancies) applies to the licence, ...

the licence is an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 , or

Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies) applies to the licence,

the licence is a secure contract, or

the licence is an introductory standard contract.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where an authority possessing compulsory purchase powers acquire the interest of any person in a dwelling by agreement, then, in relation to any other person who is displaced from the dwelling in consequence of the acquisition, subsections (1) to (4) above shall have effect as if the acquisition were compulsory and the authority (if not authorised to acquire the interest compulsorily) had been so authorised on the date of the agreement.

In this section " a housing order " means—

a prohibition order under section 20 or 21 of the Housing Act 2004, or

a demolition order under section 265 of the Housing Act 1985.

In this section—

"improvement" includes alteration and enlargement; and
"redevelopment" includes a change of use.

This section applies if the date of displacement is on or after 17th October 1972.

Section 29: Right to home loss payment where person displaced from dwelling.

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