Housing Act 1980

106 Grants for tenants under Part VII of Housing Act 1974

(1) A local authority may entertain an application for a grant under Part VII of the 1974 Act from a person who has, in relation to his dwelling—

(a) a protected tenancy or a statutory tenancy ;

(b) a secure tenancy ;

(c) a tenancy to which section 1 of the [1954 c. 56.] Landlord and Tenant Act 1954 applies and of which less than 5 years remain unexpired at the date of the application ;

(d) a protected occupancy or statutory tenancy within the meaning of the [1976 c. 80.] Rent (Agriculture) Act 1976 ; or

(e) a tenancy which satisfies such conditions as may be prescribed,

but not where the application is for an improvement grant in respect of works required for the provision of a dwelling.

(2) A local authority may refuse to entertain the application unless it is accompanied by a certificate given by a qualified person and stating his intention that, throughout the period of 5 years beginning with the certified date—

(a) the dwelling will be let or available for letting as a residence, and not for a holiday, to a person other than a member of the family of the person giving the certificate; or

(b) the dwelling will be occupied or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant,

(disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a protected occupier under the Rent (Agriculture) Act 1976).

(3) A person is qualified to give a certificate for the purposes of subsection (2) if the local authority could (apart from this section) have entertained an application from him.

(4) Unless the application is accompanied by that certificate, the authority shall not impose any of the grant conditions specified in section 74(2) of the 1974 Act (future letting of a dwelling).

(5) Expressions defined for the purposes of Part VII of the 1974 Act have the same meanings in this section as they have in that Part.