Housing (Miscellaneous Provisions) Act, 1931

Demolition of buildings under a clearance order.

8.—(1) When a clearance order has become operative the owner or owners of any building to which the order applies shall demolish that building and clear and level the site thereof to the satisfaction of the local authority before the expiration of six weeks from the date on which the building is required by the order to be vacated or, if it is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the local authority may deem reasonable; and, if the building is not demolished and the site thereof so cleared and levelled before the expiration of that period, the local authority shall enter and demolish the building and clear and level the site thereof and sell the materials thereof.

(2) Any expenses incurred by a local authority under the last preceding sub-section, after giving credit for any amount realised by the sale of materials, may be recovered by them, summarily before a court of summary jurisdiction from the owner of the building or, if there is more than one owner, from the owners thereof in such shares as the court may determine to be just and equitable; and any owner who pays to the local authority the full amount of their claim may in the like manner recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3) Any surplus in the hands of the local authority shall be paid by them to the owner of the building or if there is more than one owner, shall be paid as those owners may agree, or in default of agreement in such proportions as a court of summary jurisdiction may on the application of any such owner determine to be just and equitable.

(4) A court of summary jurisdiction, in determining for the purposes of this section the shares in which any expenses shall be paid or contributed by, or any surplus shall be divided between, two or more owners of a building, shall have regard to their respective interests in the building, their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether expressed or implied, and all the other circumstances of the case.

(5) The amount of any expenses due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred and the local authority shall for the purpose of enforcing such charge have all the same powers and remedies as if they were mortgagees by deed having powers of sale and lease, accepting surrenders of leases and of appointing a receiver.