Housing and Planning Act 1986

4 After section 464 of the Housing Act 1985 insert—

“464A Preliminary conditions for application for common parts grant.

(1) A local housing authority shall not entertain an application for a common parts grant unless they are satisfied as regards the relevant works that the applicant either—

(a) has a duty to carry them out, or

(b) has power to carry them out and has a qualifying interest in the building or in a dwelling in the building,

and that, at the date of the application, at least the required proportion of the dwellings in the building is occupied by tenants.

(2) The following are qualifying interests for the purposes of subsection (1)(b)—

(a) an estate in fee simple absolute in possession ;

(b) a term of years absolute of which not less than five years remains unexpired at the date of the application ;

(c) a tenancy to which section 1 of the Landlord and Tenant Act 1954 applies (long tenancies at low rents);

(d) a protected tenancy, a secure tenancy, a protected occupancy or a statutory tenancy ;

(e) a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.

(3) The required proportion mentioned in subsection (1) is three-quarters or such other proportion as may be—

(a) prescribed for the purposes of this section by order of the Secretary of State, or

(b) approved by him, in relation to a particular case or description of case, on application by the local housing authority;

and " tenant" for the purposes of that requirement means a person who has an interest within any of paragraphs (b) to (e) of subsection (2) by virtue of which he occupies a dwelling in the building as his only or main residence.

(4) An order under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section has effect subject to section 513 (parsonages, applications by charities, &c.).”.