Public Notices

INITIAL DEMOLITION NOTICE

NOTICE OF INTENDED DEMOLITION

NOTICE UNDER PARAGRAPHS 1 & 2 OF SCHEDULE 5A OF THE HOUSING ACT 1985, AS INSERTED BY SECTION 183(3),

SCHEDULE 9 OF THE HOUSING ACT 2004.

TAKE NOTICE that Melton Borough Council (The Council) of Phoenix House, Nottingham Road, Melton Mowbray, Leicestershire, LE13 0UL pursuant to the above statutory provisions hereby gives Notice of its intention as Landlord to demolish the dwellings known as 36 & 38 Wartnaby Road, Ab Kettleby, Melton Mowbray, Leicestershire LE14 3JJ (The Relevant Properties). 

The demolition of The Relevant Properties is necessary for regeneration and redevelopment of The Relevant Properties and the surrounding area due to significant structural problems that exist with The Relevant Properties. 

The Council intends to demolish The Relevant Properties before the end of 1 July 2014. 

The Council has served an Initial Demolition Notice upon the tenants of 36 Wartnaby Road, Ab Kettleby, Melton Mowbray, Leicestershire LE14 3JJ. This Notice will remain in force up to and including 1 July 2014 unless revoked or otherwise terminated under or by virtue of Paragraph 3 of Schedule 5A of the Housing Act 1985.

Whilst this Notice is in force The Council as landlord of The Relevant Properties is no longer obliged to grant under the terms of Section 138 (1) of the Housing Act 1985 although this Notice does not prevent the submissions of Right to Buy applications in respect of the Relevant Properties or the taking of any other steps pursuant to Section 138 and such Notice will not prevent the operation of Section 138 when the above mentioned time period has expired.

Any Right to Buy claim submitted whilst the Initial Notice is in force will be processed in the usual way, so that if the demolition plans are not implemented the application can be completed. However if The Council subsequently serves on you a Final Demolition Notice, The Council may then refuse an application as it will no longer be effective.

Compensation may be payable for certain expenses incurred under Section 138C of the Housing Act 1985, in respect of any claims existing at the date this Notice comes into force.  Any claim for compensation should be served upon The Council with a period of three months beginning from the operative date of this Notice.  Such compensation may be claimed for

expenses reasonably incurred by a tenant before the operative date in respect of legal fees and other fess and professional costs, and expenses in connection with the exercise of the Right to buy claim.  The operative date in this case is 9 July 2009, the date the Notice was served on the secure tenant.

If you have any queries regarding this Notice please contact

Mr H Rai, Head of Social and Economic Development, telephone 01664 502439.

Lynn Aisbett, Chief Executive                                                                                                                      Dated: 9 July 2009

On behalf of Melton Borough Council