PART VIIHousing: Financial and Related Provisions

Repairs and improvements

106Grants 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.