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Local Government and Housing Act 1989

Status:

This is the original version (as it was originally enacted).

Approvals, notification and payment

112Duty to approve applications to render certain dwellings fit for human habitation

(1)Subject to the preceding provisions of this Part, on receipt 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 local housing authority shall determine, with respect to the dwelling, whether the dwelling is fit for human habitation.

(2)In any case where the local housing authority—

(a)determine under subsection (1) above that a dwelling is not fit for human habitation, and

(b)consider that completion of the relevant works will cause the dwelling to be fit for human habitation, and

(c)are satisfied that completion of the relevant works is the most satisfactory course of action,

then, subject to subsections (4) and (5) below, they shall approve the application so far as it relates to that dwelling.

(3)If, in the case of any application, the local housing authority consider that the relevant works include works for which assistance is available under Part XVI of the [1985 c. 68.] Housing Act 1985 (assistance for owners of defective housing), they shall treat the application as if the relevant works did not include those works.

(4)If, in the case of any application, other than one to which section 113 or section 115(6) below applies, the local housing authority consider that the relevant works include works in addition to those which will cause the dwelling to be fit for human habitation (“the additional works”), they shall treat the application—

(a)as an application under this section in so far as it relates to works other than the additional works; and

(b)as an application under section 115 below in so far as it relates to the additional works;

but, for the purposes of section 116 below and the subsequent provisions of this Part, the two applications shall be treated as one application.

(5)A local housing authority shall not be under a duty under this section to approve an application—

(a)which is accompanied by a certificate of intended letting and is not a tenant’s application; or

(b)if they expect, within the period of twelve months beginning with the date of receipt of the application, to prepare a group repair scheme in respect of a building which includes or comprises the dwelling.

(6)Section 604 of the [1985 c. 68.] Housing Act 1985 (fitness for human habitation) applies for the purposes of this Part, as it applies for the purposes of that Act.

(7)In deciding whether they are satisfied as mentioned in subsection (2)(c) above, the local housing authority shall have regard to any guidance given under section 604A of the Housing Act 1985 and, for that purpose, the authority shall treat any guidance given in respect of the serving of a repair notice under section 189(1) of that Act as guidance given in respect of the completion of the relevant works.

113Duty to approve applications arising out of certain statutory notices

(1)Subject to section 112(3) above and subsection (3) below, a local housing authority shall approve an application falling within section 110(1) above (in this section referred to as a “landlord’s application”) if completion of the relevant works is necessary to comply with a notice or notices under one or more of the following provisions—

(a)section 189 of the Housing Act 1985 (repair notice requiring works to render premises fit for human habitation);

(b)section 190 of that Act (repair notice in respect of premises in state of disrepair but not unfit); and

(c)section 352 of that Act (notice requiring works to render premises fit for number of occupants).

(2)Subject to section 112(3) above and subsection (3) below, a local housing authority shall approve an application for a grant which is accompanied by an owner-occupation certificate (in this section referred to as an “owner-occupier’s application”) if completion of the relevant works is necessary to comply with a notice under section 190 of the Housing Act 1985.

(3)If, in the case of a landlord’s application or an owner-occupier’s application, the local housing authority consider that the relevant works include works (“the additional works”) in addition to those necessary to comply with a notice under section 189, section 190 or section 352 of the Housing Act 1985, they shall treat the application—

(a)as an application to which this section applies in so far as it relates to works other than the additional works; and

(b)as an application to which section 115 below applies in so far as it relates to the additional works.

114Approval of applications to provide certain facilities for the disabled

(1)A local housing authority shall not approve an application for a disabled facilities grant unless they are satisfied—

(a)that the relevant works are necessary and appropriate to meet the needs of the disabled occupant; and

(b)that it is reasonable and practicable to carry out the relevant works, having regard to the age and condition of the dwelling or building;

and, in considering the matters specified in paragraph (a) above, the local housing authority shall consult the welfare authority.

(2)A local housing authority shall not approve an application for a disabled facilities grant in respect of works to the common parts of a building containing one or more flats unless they are satisfied that the applicant has a power or is under a duty to carry out the relevant works.

(3)Subject to the preceding provisions of this Part, a local housing authority shall approve an application for a disabled facilities grant if the relevant works are for any one or more of the following purposes—

(a)facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, flat is situated;

(b)facilitating access by the disabled occupant to a room used or usable as the principal family room;

(c)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;

(d)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, bath, shower or washhand basin or facilitating the use by the disabled occupant of such a facility;

(e)facilitating the preparation and cooking of food by the disabled occupant;

(f)improving any heating system in the dwelling to meet the needs of the disabled occupant or, if there is no existing heating system in the dwelling or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;

(g)facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control; and

(h)facilitating access and movement by the disabled occupant around the dwelling in order to enable him to care for a person who is normally resident in the dwelling and is in need of such care.

(4)Subject to the preceding provisions of this Part, a local housing authority may approve an application for a disabled facilities grant where the relevant works do not fall within subsection (3) above but are for the purpose of making the dwelling or building suitable for the accommodation, welfare or employment of the disabled occupant.

(5)In this section “the disabled occupant” means the disabled person for whose benefit it is proposed to carry out any of the relevant works.

(6)In this Part “disabled person” means—

(a)a person who is registered in pursuance of arrangements made under section 29(1) of the [1948 c. 29.] National Assistance Act 1948 (handicapped persons' welfare); or

(b)any other person for whose welfare arrangements have been made under that provision or, in the opinion of the welfare authority, might be made under it.

(7)For the purposes of this section, “welfare authority” means the council which is the local authority for the purposes of the [1970 c. 42.] Local Authority Social Services Act 1970 for the area in which the dwelling is situated.

115Discretionary approval of certain applications

(1)Subject to the preceding provisions of this Part, a local housing authority may approve an application for a grant, other than a common parts grant, in any case where—

(a)the relevant works go beyond or are other than those which will cause the dwelling to be fit for human habitation, but

(b)the authority are satisfied that the relevant works are necessary for one or more of the purposes set out in subsection (3) below.

(2)Subject to the preceding provisions of this Part, a local housing authority may approve an application for a common parts grant if the authority are satisfied that the relevant works—

(a)are necessary for one or more of the purposes set out in paragraphs (a) and (c) to (g) of subsection (3) below; or

(b)will cause the building to meet the requirements mentioned in paragraphs (a) to (e) of section 604(2) of the [1985 c. 68.] Housing Act 1985.

(3)The purposes referred to in subsection (1) above are—

(a)to put the dwelling or building in reasonable repair;

(b)to provide the dwelling by the conversion of a house or other building;

(c)to provide adequate thermal insulation;

(d)to provide adequate facilities for space heating;

(e)to provide satisfactory internal arrangements;

(f)to ensure that the dwelling or building complies with such requirements with respect to construction or physical condition as may for the time being be specified by the Secretary of State for the purposes of this section; and

(g)to ensure that there is compliance with such requirements with respect to the provision or condition of services and amenities to or within the dwelling or building as may for the time being be so specified.

(4)In the case of an application for an HMO grant, any reference in subsections (1) and (3) above to the dwelling shall be construed as a reference to the house.

(5)In considering whether to approve an application for a grant in exercise of their discretion under subsection (1) or subsection (2) above, the local housing authority shall have regard to the expected life of the building (taking account, where appropriate, of the effect of carrying out the relevant works).

(6)Subject to the preceding provisions of this Part, a local housing authority may approve an application falling within section 110(1) above (in this section referred to as a “landlord’s application”) if—

(a)the relevant works are for the purpose of rendering the dwelling or house to which the application relates fit for human habitation, or

(b)in the case of an application for an HMO grant, the relevant works are for the purpose of enabling the house in question to meet one or more of the requirements in subsection (1A) of section 352 of the [1985 c. 68.] Housing Act 1985,

and (in either case) the authority are satisfied that the relevant works are necessary for the purpose concerned.

(7)If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve the result referred to in paragraph (b) of subsection (2) above or any of the purposes set out in subsection (3) above or, as the case may be, the purpose falling within subsection (6) above, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.

(8)In determining what is “reasonable repair”, in relation to a dwelling or building for the purposes of subsection (3)(a) above, a local housing authority—

(a)shall have regard to the age and character of the dwelling or building and the locality in which it is situated; and

(b)shall disregard the state of internal decorative repair.

(9)In the exercise of the powers conferred by paragraphs (f) and (g) of subsection (3) above, the Secretary of State—

(a)may specify requirements generally or for particular cases; and

(b)may specify different requirements for different areas.

116Approval and refusal of applications

(1)A local housing authority shall, by notice in writing, notify an applicant for a grant as soon as reasonably practicable, and, in any event, not later than six months after the date of the application concerned, whether the application is approved or refused.

(2)Where an authority decide to approve an application for a grant, they shall determine—

(a)which of the relevant works, taking into account any variation of the application under section 108(4)(a) or section 115(7) above, are eligible for grant (in this Part referred to as “the eligible works”);

(b)the amount of the expenses which in their opinion are properly to be incurred in the execution of the eligible works;

(c)the amount of the costs which in their opinion have been or are to be properly incurred with respect to preliminary or ancillary services and charges; and

(d)the amount of grant they have decided to pay in respect of the eligible works, taking into account paragraphs (b) and (c) above, subsection (5) below and such of sections 109 to 115 above as may be applicable;

and shall specify in the notice under subsection (1) above the eligible works, the total of the amounts referred to in paragraphs (b) and (c) above (in this Part referred to as “the estimated expense”) and the amount of the grant.

(3)Where an application for a grant is approved, then, except—

(a)with the consent of the Secretary of State, or

(b)as provided by section 118(1) below,

the local housing authority may not impose any condition in relation to the approval or making of the grant, whether purporting to operate by way of a condition of the grant, a personal covenant or otherwise; and the consent of the Secretary of State under paragraph (a) above may be given either generally or in relation to any one or more specified authorities.

(4)If, after an application for a grant has been approved, the authority are satisfied that, owing to circumstances beyond the control of the applicant, —

(a)the eligible works cannot be, or could not have been, carried out on the basis of the amount of expenses referred to in subsection (2)(b) above, or

(b)the eligible works cannot be, or could not have been, carried out without carrying out additional works which could not have been reasonably foreseen at the time the application was made,

the authority may re-determine the estimated expense and, subject to subsection (5) below, the amount of the grant.

(5)The Secretary of State may, if he thinks fit, by order prescribe a maximum amount, or a formula for calculating a maximum amount, of grant which a local housing authority may pay in respect of an application for a grant; and an authority may not pay any grant in excess of that amount.

117Payment of grants

(1)Where the local housing authority have approved an application for a grant, they shall pay the grant, subject to subsection (3) below and to sections 133 and 134 below.

(2)The grant may be paid—

(a)in whole after the completion of the eligible works, or

(b)in part by instalments as the works progress and the balance after completion of the works.

(3)The payment of a grant, or part of a grant, is conditional upon—

(a)the eligible works or the corresponding part of the works being executed to the satisfaction of the authority; and

(b)the authority being provided with an acceptable invoice, demand or receipt for payment for the works and any preliminary or ancillary services and charges in respect of which the grant or part of the grant is to be paid.

(4)For the purposes of subsection (3) above an invoice, demand or receipt is acceptable if it satisfies the authority and is not given by the applicant or a member of his family.

(5)Where a grant is paid by instalments, the aggregate of the instalments paid before the completion of the eligible works shall not at any time exceed nine-tenths of the amount of the grant.

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