Section 134 | Rental property: preparation for sale, demolition etc

(1)A day (“day X”) on which a person (“P”) is entitled to a single-dwelling interest is relievable in relation to that interest if—

(a)on day X the dwelling is unoccupied and any of the first to fourth conditions is met (see below),

(b)day X is preceded by one or more days (“qualifying days”) that are relievable under section 133 in relation to the interest and on which P, or a relevant partner, was entitled to the interest, and

(c)the days (if any) between day X and the last of the qualifying days to precede day X are all relievable under this section.

First condition The first condition is that steps are being taken to secure that the interest will be sold without undue delay.

Second condition The second condition is that—

(a)steps are being taken to secure that the dwelling will be demolished without undue delay, and

(b)if it is intended that a new dwelling will be constructed on the site of the existing dwelling, the intention is that it will be used in a relievable way.

Third condition The third condition is that—

(a)steps are being taken to secure that the dwelling will be converted into a different dwelling without undue delay, and

(b)it is intended that the new dwelling will be used in a relievable way.

Fourth condition The fourth condition is that steps are being taken to secure that the dwelling will be converted into a building other than a dwelling without undue delay.

(2)A dwelling is “used in a relievable way” for the purposes of subsection (1) if the single-dwelling interest in question is exploited in such a way, or held in such a way and for such purposes, (or, as the case requires, the dwelling itself is exploited or used in such a way) that a day of such exploitation, ownership or use would be relievable under any of sections 133, 137, 145 and 148.

(3)In this section—

“relevant partner”, where P is (on day X) entitled to the interest as a member of a partnership, means a person who was at the time in question carrying on the qualifying rental property business concerned as a member of that partnership;

“without undue delay” means without delay, except so far as delay is justified by commercial considerations or cannot be avoided.