HC Deb 28 June 1976 vol 914 cc33-4W
Mr. Stephen Ross

asked the Secretary of State for the Environment whether he will take steps to amend the law relating to compensation for acquisition of property to enable persons removed when a council house is acquired for redevelopment to receive a fair sum for removal expenses.

Mr. John Silkin

Section 37 of the Land Compensation Act 1973 already enables local authorities whose tenants are displaced from their homes to make disturbance payments equal to the reasonable expenses in removing.

Mr. Stephen Ross

asked the Secretary of State for the Environment whether he will take steps to amend the law to ensure that responsibility is placed on local authorities who exercise their powers to redevelop residential areas in their ownership to compensate those adversely affected by meeting the proper cost of moving from one house to another.

Mr. John Silkin

No. Local authorities are already responsible for meeting this cost either as part of the compensation payable on the acquisition of a compensatable interest or in certain circumstances under Section 37 of the Land Compensation Act 1973 when it is incurred by those who do not have a compensatable interest. There are also powers under Section 93 of the Housing Finance Act 1973 to pay removal expenses.

Mr. Stephen Ross

asked the Secretary of State for the Environment whether he will list the statutory provisions governing the entitlement of occupiers of property forming part of a comprehensive redevelopment scheme who fall due for a disturbance allowance under the terms of the Land Compensation Act 1973 to recover the proper cost of professional assistance from the acquiring authority.

Mr. Guy Barnett

There is no specific statutory provision for reimbursing fees so incurred. It would be for the displacing authority to consider whether such fees could be regarded as a reasonable expense in removing. A claimant who is dissatisfied with the authority's decision can refer the dispute to the Lands Tribunal.