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Housing Act 1969

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46Procedure on applications under section 44(2)

(1)Subject to subsection (5) of this section, where an application for a qualification certificate in respect of any dwelling is made under section 44(2) of this Act and it appears to the local authority that the dwelling will satisfy the qualifying conditions when the works specified in the application have been carried out, the local authority shall approve the application provisionally and shall issue to the applicant a certificate of provisional approval and send a copy thereof to the tenant.

(2)The provisions of Part I of Schedule 2 to this Act shall have effect for enabling a person who has obtained a certificate of provisional approval to apply for a certificate of fair rent.

(3)On the production by the applicant of a certificate of fair rent and on being satisfied that the dwelling satisfies the qualifying conditions the local authority shall issue the qualification certificate and shall send a copy of it to the tenant.

(4)If at the time the qualification certificate is issued the state of the dwelling differs in any respect from that which, at the time the application for the certificate was made, it could be expected to be in when the works specified in the application had been carried out, the local authority shall specify the differences in the certificate.

(5)In the case mentioned in section 43(3) of this Act the local authority shall not issue a certificate of provisional approval but shall, notwithstanding that the application is made under section 44(2) of this Act, issue the qualification certificate as soon as they are satisfied that the dwelling satisfies the qualifying conditions and send a copy of the certificate to the tenant.

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