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The Housing (Northern Ireland) Order 1992

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This is the original version (as it was originally made).

The interest of the applicant in the property

42.—(1) Subject to paragraphs (4) and (5), the Executive may not entertain an application for a grant, other than a common parts grant, unless it is satisfied that—

(a)the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out; or

(b)in the case of an application for a renovation grant (other than an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building), the applicant is a tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling; or

(c)in the case of an application for a disabled facilities grant in respect of works to a dwelling, the applicant is a tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling; or

(d)in the case of an application for a disabled facilities grant in respect of works to the common parts of a building containing one or more flats, the applicant is a tenant of a flat in the building (alone or jointly with others) but does not have, or propose to acquire, such an owner’s interest as is referred to in sub-paragraph (a);

and references in this Chapter to an “owner’s application” or a “tenant’s application” shall be construed accordingly.

(2) In this Chapter “owner’s interest” means an interest which—

(a)is held by the applicant alone or jointly with others; and

(b)is either a freehold interest in possession (whether legal or equitable) or a tenancy granted or extended for a term of years of which not less than 5 years remain unexpired at the date of the application.

(3) Where the Executive entertains an owner’s application made by a person who proposes to acquire the necessary interest, it shall not approve the application until it is satisfied that he has done so.

(4) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1)(a) as fulfilled by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.

(5) This Article does not apply to—

(a)an application for a grant by a religious denomination or body, or on behalf of a religious denomination or body by the trustees of the denomination or body; and

(b)an application for a grant made by a charity or on behalf of a charity by the trustees of the charity.

(6) The Executive may not entertain a tenant’s application unless—

(a)the tenant is required by the terms of his tenancy to carry out the relevant works and he signed an agreement in respect of the tenancy before 5th December 1991; or

(b)his application is for a disabled facilities grant.

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