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SMALL DWELLINGS ACQUISITION ACT 1899 - SECT 5

Recovery of possession and disposal of house.

5.(1) Where a [district council] take possession of a house, all the estate,
right, interest, and claim of the proprietor in or to the house shall, subject
as in this section mentioned, vest in and become the property of the [district
council], and that [council] may either retain the house under their own
management or sell or otherwise dispose of it as they think expedient.

(2) Where a [district council] take possession of a house they shall, save as
hereinafter mentioned, pay to the proprietor either

(a)such sum as may be agreed upon; or

(b)a sum equal to the value of the interest in the house at the disposal of
the [district council], after deducting therefrom the amount of the advance
then remaining unpaid and any sum due for interest; and the said value, in the
absence of a sale and in default of agreement, shall be settled by a county
court judge as arbitrator, or, if the Lord Chancellor so authorises, by a
single arbitrator appointed by the county court judge, and the Arbitration
Act, 1889, shall apply to any such arbitration.

(3) The sum so payable to the proprietor if not paid within three months after
the date of taking possession shall carry interest at the rate of three per
cent. per annum from the date of taking possession.

(4) All costs of or incidental to the taking possession, sale, or other
disposal of the house (including the costs of the arbitration, if any)
incurred by the [district council], before the amount payable to the
proprietor has been settled either by agreement or arbitration, shall be
deducted from the amount otherwise payable to the proprietor.

(5) Where the [district council] are entitled under this Act to take
possession of a house, possession may be recovered (whatever may be the value
of the house) by or on behalf of the [district council] either under sections
one hundred and thirty-eight to one hundred and forty-five of the County
Courts Act, 1888, [or under the provisions of Part VII of the Magistrates'
Courts Act (Northern Ireland) 1964 relating to ejectment proceedings as in
the] cases therein provided for, and in either case may be recovered as if the
[district council] were the landlord and the proprietor of the house were the
tenant.

© 1899 Crown Copyright

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