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Initial demolition notice


Made under Section 138A and Schedule 5A of the Housing Act 1985 as inserted by Section 182 of the Housing Act 2004 and amended by the Housing and Regeneration Act 2008

This notice is given by Dudley Metropolitan Borough Council, Council House, Priory Rd, Dudley, West Midlands DY1 1HF (“the Council”)


It is the intention of the Council to demolish Arley Court, Swan Street, Compton Court, Baptist End Road, Manor Court and Wells Court both of St Johns Street and all of Netherton, Dudley (“the Buildings”).

  1. The demolition of the Buildings is necessary because it is no longer economically viable for the Council to maintain them as part of the Council’s housing stock.
  2. The Council intends to demolish the Buildings by 18th December 2023.
  3. This notice will remain in force until 18th December 2023, unless revoked or otherwise terminated under or by virtue of paragraph 3 of Schedule 5A of the Housing Act 1985
  4. While this notice remains in force, the Council will not be under any obligation to make a freehold transfer or lease as is mentioned in section 138(1) of the Housing Act 1985 (“Right to Buy”) in respect of any claim made by a tenant to exercise the Right to Buy in respect of any of the dwellings within the Buildings.
  5. However, Right to Buy claims submitted to the Council for any dwelling within the Buildings whilst this Notice is in force will be processed by the Council, so that if the demolition plans are not implemented the application can be completed.
  6. Should the Council serve a Final Demolition Notice in respect of the Buildings and a Right to Buy claim under section 122 of the Housing Act 1985 is suspended under this notice, that claim will end and no further claim may be made whilst the Final Demolition Notice is in force.
  7. There may be a right to compensation under section 138C of the Housing Act 1985 in respect of certain expenditure incurred in relation to any existing Right to Buy claim that has been established prior to the date of the service of this Notice.
  8. Any claim for compensation under the previous paragraph 8 of this Notice should be served upon the Council within the period of three months beginning from the date of this Notice being served. A compensation claim can be made for any reasonable expenditure incurred by the tenant to date in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise of that Right to Buy claim.
  9. Further information about this Notice is obtainable from:
    Mr. M. Rodgers (Chief Officer, Housing)
    Harbour Buildings, Waterfront West, Brierley Hill, West Mids, DY5 1LN

Dated: 19th December 2016.


Name: Mark Rodgers

Title: Chief Officer, Housing

On behalf of Dudley Metropolitan Borough Council.