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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

104The interest of the applicant in the property

(1)Subject to subsection (4) and section 136 below, a local housing authority may not entertain an application for a grant, other than a common parts grant, unless they are satisfied that—

(a)the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out; or

(b)in the case 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 applicant is a tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling; or

(c)in the case of an application for a disabled facilities grant in respect of works to a dwelling, the applicant is a tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling; or

(d)in the case of an application for a disabled facilities grant in respect of works to the common parts of a building containing one or more flats, the applicant is a tenant of a flat in the building (alone or jointly with others) but does not have, or propose to acquire, such an owner’s interest as is referred to in paragraph (a) above;

and references in this Part to an “owner’s application” or a “tenant’s application” shall be construed accordingly.

(2)In this Part “owner’s interest” means an interest which—

(a)is held by the applicant alone or jointly with others; and

(b)is either an estate in fee simple absolute in possession or a term of years absolute of which not less than five years remain unexpired at the date of the application.

(3)Where a local housing authority entertain an owner’s application made by a person who proposes to acquire the necessary interest, they shall not approve the application until they are satisfied that he has done so.

(4)In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) above as fulfilled by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned; and directions under this subsection may make different provision with respect to different cases or descriptions of cases, including different provision for different areas.

(5)A local housing authority may not entertain a tenant’s application unless—

(a)the tenant is required by the terms of his tenancy to carry out the relevant works and his tenancy is not of a description excluded from this subsection by an order made by the Secretary of State; or

(b)his tenancy is of a description specified for the purposes of this subsection by an order made by the Secretary of State; or

(c)his application is for a disabled facilities grant.

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