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Decant meaning

What does Decant mean?
Decant (or decanting) describes the temporary or permanent relocation of people, furniture, equipment and services from existing premises to alternative, new or refurbished accommodation to enable construction, refurbishment, remediation or redevelopment. The term is descriptive rather than statutory; its legal effect usually arises from contracts, leases (including decant clauses), development agreements, project agreements (PFI/PPP) and landlord or local authority decant policies. Decanting commonly features in social housing and estate regeneration, school and campus projects (where term dates drive the programme), hospitals and office refurbishments. Key legal issues include consultation, notice and access; who arranges and funds removals, storage, IT and business continuity; temporary accommodation standards; safeguarding and equality impacts; rent, service charge and business rates during the decant; right to return; insurance and health and safety; and programme sequencing. Where relocation is permanent, statutory rehousing and compensation may arise under the housing and land compensation regimes of the relevant jurisdiction (for example, home loss and disturbance payments in England & Wales and Scotland, analogous provisions in Northern Ireland, and compensation under the compulsory purchase code in Ireland). Usage is broadly consistent across the UK and Ireland, with strict timetables often required on school and social housing projects.
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View the related Practice Notes about Decant

PRACTICE NOTES
UK PFI, PF2 and PPP glossary: contracts, changes, payment mechanisms, FM services, risk allocation, adjudication and handback

Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a school, prerequisites would have to be satisfied by Project Co before...

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PRACTICE NOTES
Local authority housing disrepair in England: claims, protocols, ADR/Ombudsman, expert evidence, LTA 1985 fitness, Awaab’s Law timescales, access/decant duties, limitation and damages

This Practice Note outlines the practical issues that local authority landlords should consider when confronted with a housing disrepair claim in England. It explains the foundation for a repair claim and the practical steps to take when managing a claim, including whether the matter could be addressed through alternative dispute resolution outside the court process. It also covers the Awaab’s Law regime implied term and the new statutory time frames for local authority landlords to investigate and remedy specified emergency and HHRS hazards. The basis for a disrepair claim It is essential to understand the grounds on which a claim can be brought, together with some basic procedural points. Disrepair claims arise principally under contract and statute, and the basis of each is summarised below. Where there is a tenancy agreement, the claim will typically be for breach of contract. A copy of the tenancy agreement should be obtained to check the landlord’s express repairing duties. There are also standard implied terms developed by the...

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