Determining Property to Include HA 1988 s. 98
Under HA 1988 s. 98, the landlord has twelve weeks to serve notice excluding or adding property, and the applicant has four weeks to object in writing.
Within twelve weeks of the relevant date, the landlord shall serve on the applicant a notice stating— which (if any) of the buildings proposed to be acquired by virtue of paragraph (a) of subsection (1) of section 93 above should be excluded from the acquisition on the ground that they do not comprise or contain one or more dwelling-houses which on the relevant date were occupied by qualifying tenants; which (if any) property proposed to be acquired by virtue of paragraph (b) of that subsection should be excluded from the acquisition on the ground that it is not reasonably required for occupation with any of the buildings proposed to be acquired by virtue of paragraph (a) of that subsection or that it is reasonably required for occupation with such of those buildings as should be excluded from the acquisition on the ground mentioned in paragraph (a) above; which (if any) property proposed to be acquired by virtue of either paragraph of that subsection should be excluded from the acquisition on the ground that its inclusion is precluded by section 95 above or that it is reasonably required for occupation with property the inclusion of which is so precluded or that it is a building which is excluded from the acquisition by virtue of section 96(2)(b) above; which property (if any) the landlord desires to have included in the acquisition on the ground that it cannot otherwise be reasonably managed or maintained; which rights (if any) the landlord desires to retain over property included in the acquisition on the ground that they are necessary for the proper management or maintenance of land to be retained by the landlord; the other proposed terms of the conveyance; and such other particulars as may be prescribed. A building which is excluded from an acquisition by virtue of section 95 or section 96(2)(b) above may not be included by virtue of subsection (1)(d) above. Where a notice under subsection (1) above specifies property falling within paragraph (d) of that subsection, the applicant shall have a right of access, at any reasonable time and on giving reasonable notice, to any of that property which is not subject to a tenancy. Within four weeks of service of the notice under subsection (1) above, the applicant shall notify the landlord in writing of any matters stated in that notice which he does not accept. Any dispute as to any matters stated in a notice under subsection (1) above shall be determined— by a person agreed to by the parties or, in default of agreement, appointed by the Secretary of State; and in accordance with such provisions (including provisions as to costs) as may be prescribed. In relation to a proposed acquisition under this Part, any reference in the following provisions of this Part to the property to which the acquisition relates is a reference to the whole of the property which, in accordance with the provisions of this section, is to be acquired, disregarding the effect of any exclusion by virtue of regulations under section 100 below.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 98 sets out how property boundaries and rights are finalized during an acquisition under Part IV. Within twelve weeks of the relevant date, the landlord must serve a formal notice detailing which buildings or land should be excluded, which extra property the landlord wishes to include for management reasons, and what management rights the landlord intends to retain.
When the landlord seeks to include additional property, the applicant receives a right of access to inspect any non-tenanted parts at reasonable times with reasonable notice. The applicant then has four weeks from receiving the notice to notify the landlord in writing of any proposed terms or exclusions they do not accept.
Any disagreement over the contents of the notice is resolved by an independent person agreed upon by the parties or appointed by the Secretary of State, following prescribed rules and provisions on costs.
When it applies
- A landlord serves a notice within twelve weeks seeking to retain rights of access over a courtyard for maintaining adjacent land.
- An applicant exercises a right of access to inspect an unoccupied building that the landlord requested to add to the transfer.
- An applicant sends a written rejection within four weeks after the landlord proposes excluding a building that contains qualifying tenants.
What this section does not say
- Calculating the purchase price of the property, which is governed by ha1988s.99.
- Identifying baseline statutory exclusions from acquisition, which are specified in ha1988s.95.
- Initial information requests made before the acquisition process begins, covered under ha1988s.97.
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This page reproduces the text of HA 1988 s. 98 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.