If your home is being demolished, it is likely that it has either been declared unfit for habitation by the council or that the land is needed for some other purpose. In both cases, you have certain rights regarding re-housing and you may be entitled to compensation. The two main powers of the Council relate to Demolition Orders and Compulsory Purchase Orders.
Demolition order
This is granted when a property is unsafe and unfit for occupation. This means that it is not appropriate for repairs to be completed on the property and the landlord will need to demolish the property and ensure that the land is fenced off. You have certain rights if you are the occupier of a property that is being demolished. The council will need to make provision to re-house you. You do not have to make a homeless person's application, and you should be included on the Housing Register in Group 1. This means that you are highest priority for re-housing.
Compulsory Purchase Order
If you have to leave your home, because of a Compulsory Purchase Order, you are entitled to re-housing by the council, subject to some exceptions. This only applies to occupiers living in the property at the time that the order is made. You will be re-housed as a priority. You do not need to make a homeless persons application.
Compensation
If you have been displaced from your home as the result of a demolition order or a compulsory purchase order, you may be entitled to compensation depending on your circumstances. The main types of compensation are a Home Loss Payment and a Disturbance Payment, although you may be entitled to other forms of compensation. If you want to apply for compensation and you live in Manchester, you can telephone Valuation and Property Services on 0161 234 1240.
If you disagree with the decision to award compensation
You can take action in the County Court or High Court against the Council, depending on the amount claimed. Get advice if you think this applies to you.
If you disagree with the level of compensation
You can contact the Lands Tribunal (external website) which can investigate on your behalf. Please note, this process can be lengthy and if the Lands Tribunal upholds the Council's decision, you may be required to pay costs for both parties.
Information on other websites
Office of the Deputy Prime Minister
Government information about compulsory purchase and compensation - residential owners and occupiers (pdf document)
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Information Provider:
Manchester Advice
Date Reviewed:
27 October 2008
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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