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Section 38: Amount of disturbance payment.

Land Compensation Act 1973 · 1973 c. 26View on legislation.gov.uk

Part III: Provisions for Benefit of Persons Displaced From Land

The amount of a disturbance payment shall be equal to—

the reasonable expenses of the person entitled to the payment in removing from the land from which he is displaced; and
if he was carrying on a trade or business on that land, the loss he will sustain by reason of the disturbance of that trade or business consequent upon his having to quit the land.

Where the displacement is from a dwelling in respect of which structural modifications have been made for meeting the special needs of a disabled person (whether or not the person entitled to the disturbance payment) then, if—

a local authority in England having functions under Part 1 of the Care Act 2014 or a local authority in Wales having functions under Part 4 of the Social Services and Well-being (Wales) Act 2014 , . . . , provided assistance, or
such an authority would, if an application had been made, have provided assistance,

for making those modifications, the amount of the disturbance payment shall include an amount equal to any reasonable expenses incurred by the person entitled to the payment in making, in respect of a dwelling to which the disabled person removes, comparable modifications which are reasonably required for meeting the disabled person's special needs.

Any dispute as to the amount of a disturbance payment shall be referred to and determined by the Upper Tribunal . . . .

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.