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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

106Certificate as to future occupation, etc

(1)Subject to sections 126 and 136 below, a local housing authority may not entertain an application for a renovation grant or a disabled facilities grant unless it is accompanied by a certificate falling within one of subsections (2) to (5) below in respect of the dwelling, building or flat to which the application relates.

(2)A certificate under this subsection (an “owner-occupation certificate”) certifies—

(a)that the applicant has, or proposes to acquire, an owner’s interest in the dwelling or building; and

(b)that he, or a member of his family, intends to live in the dwelling or, as the case may be, a flat in the building as his (or that member's) only or main residence for a period of not less than twelve months beginning on the certified date.

(3)A certificate under this subsection (a “tenant’s certificate”) certifies—

(a)that the applicant is a tenant of the dwelling who falls within paragraph (a) or paragraph (b) of subsection (5) of section 104 above or that his application is a tenant’s application for a disabled facilities grant; and

(b)that he or a member of his family intends to live in the dwelling or, as the case may be, a flat in the building as his (or that member's) only or main residence.

(4)A certificate under this subsection (a “certificate of intended letting”) certifies that the applicant has or proposes to acquire an owner’s interest in the dwelling or building and intends to or already has let the dwelling or, as the case may be, one or more flats in the building as a residence—

(a)to someone other than a member of his family; and

(b)for a period of not less than five years beginning on the certified date; and

(c)except where the application relates to a disabled facilities grant, on a tenancy which is not a long tenancy.

(5)A certificate under this subsection (a “special certificate”) certifies that the applicant has, or proposes to acquire, an owner’s interest in the dwelling or building and is an applicant of a class prescribed for the purposes of this section.

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

(a)it is also accompanied by a certificate of intended letting made by the person who at the time of the application is the landlord under the tenancy; or

(b)they consider it unreasonable in the circumstances to seek such a certificate.

(7)A local housing authority may not entertain an application for an HMO grant unless it is accompanied by a certificate that the applicant has or proposes to acquire an owner’s interest in the house in question and intends—

(a)to license the use of part of it as a residence as mentioned in paragraphs (a) to (c) of subsection (4) above, or

(b)to let part of it as a residence as mentioned in those paragraphs,

or has already so licensed or let part of it.

(8)A local housing authority may not entertain an application for a common parts grant unless it is accompanied by a certificate signed by the applicant or, as the case may be, by each of the applicants which—

(a)specifies the interest of the applicant or, as the case may be, each of the applicants in the building or in each flat in the building; and

(b)certifies that the required proportion, within the meaning of section 105 above, of the flats in the building is occupied by occupying tenants.

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