The Housing (Northern Ireland) Order 2003

Common parts grants: landlord’s and tenants' applications

46.—(1) The Executive shall not entertain an application for a common parts grant unless it is satisfied—

(a) that the applicant has an owner’s interest in the building and has a duty or power to carry out the relevant works, or

(b) that the application is made by at least three-quarters of the occupying tenants of the building who under their tenancies have a duty to carry out, or to make a contribution in respect of the carrying out of, some or all of the relevant works.

(2) References in this Chapter to a “landlord’s application” and a “tenants' application”, in relation to a common parts grant, shall be construed accordingly.

(3) In deciding whether the requirement in sub-paragraph (b) of paragraph (1) is met—

(a) where a tenancy is held by 2 or more persons jointly, those persons shall be regarded as a single occupying tenant; and

(b) a tenant whose tenancy is of a description specified for the purposes of that sub-paragraph by order of the Department shall be treated as an occupying tenant falling within that sub-paragraph.

(4) A person who has an owner’s interest in the building and who has a duty or power to carry out any of the relevant works may also join in a tenants' application for a common parts grant; and where such a person does join in an application, he is in this Chapter referred to as a “participating landlord”.