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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

108Restriction on grants for works already begun

(1)Subject to subsections (2) and (3) below, a local housing authority may not approve an application for a grant if the relevant works have been commenced before the application is approved and shall serve a notice of refusal to that effect on the applicant.

(2)Subsection (1) above does not apply to—

(a)an application which the local housing authority are required to approve by virtue of section 112 below if completion of the relevant works is necessary to comply with a notice under section 189 of the Housing Act 1985 (repair notice requiring works to render premises fit for human habitation); or

(b)an application which the local housing authority are required to approve by virtue of section 113 below.

(3)Where the relevant works have not been completed, the authority concerned may approve the application for a grant if they are satisfied that there were good reasons for beginning the works before the application was approved.

(4)Where an authority decide to approve an application in accordance with subsection (3) above—

(a)they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to those that remain to be completed at the date of the application; and

(b)in determining for the purposes of sections 112, 114 and 115 below the physical condition of the dwelling, common parts or house or other building concerned, they shall consider the condition of the premises at the date of the application.

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