Q&As

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination? Would a local authority be under an obligation by virtue of section 178 to provide replies to land contamination enquiries free of charge?

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 07/02/2017

The following Local Government Q&A produced in partnership with Elizabeth England of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination? Would a local authority be under an obligation by virtue of section 178 to provide replies to land contamination enquiries free of charge?

For the purposes of this Q&A we have focused on the nature and extent of the provision of section 178 of the Housing Act 1985 (HA 1985) which applies to costs between the tenant and landlord where the tenant is exercising a right to buy or right to acquire.

The purpose of HA 1985, s 178 is to disallow any term in a contract which forces the tenant to

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