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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

111Tenants' common parts applications

(1)This section applies where an application for a grant is a tenants' common parts application.

(2)The local housing authority shall decide how much of the cost of the relevant works is attributable to the applicants (in this section referred to as “the attributable cost”); and, for the purposes of this section, the attributable cost is an amount equal to the proportion, referred to in subsection (3) below, of the cost of the relevant works.

(3)The proportion mentioned in subsection (2) above is as follows—

(a)where it can be ascertained, the proportion that the aggregate of each of the applicant’s respective liabilities to carry out or contribute to the carrying out of the relevant works bears to the aggregate of all such liabilities on the part of all persons (including the applicants) so liable; or

(b)where the proportion mentioned in paragraph (a) above cannot be ascertained, the proportion that the number of applicants bears to the number of persons (including the applicants) liable to carry out or contribute to the carrying out of works to the building;

and in any case where the interest by virtue of which the liability referred to in paragraph (b) above arises is held jointly by two or more persons, those persons shall be regarded as a single person in deciding for the purposes of that paragraph the number of persons so liable.

(4)The local housing authority shall then apportion the attributable cost to each of the applicants—

(a)in a case where the attributable cost is calculated by reference to the proportion mentioned in paragraph (a) of subsection (3) above, according to the proportion that his liabilities to carry out or contribute to the carrying out of the relevant works bears to the aggregate of the applicants' liabilities mentioned in that paragraph; or

(b)in a case where the attributable cost is calculated by reference to the proportion mentioned in paragraph (b) of that subsection, equally;and the amount of grant payable shall be the aggregate of the grants that would be payable to each of the applicants under section 109 above or, in the case of a participating landlord, section 110 above if each of the applicants was an individual applicant under section 109 above or, as the case may be, section 110 above in respect of his apportionment of the attributable cost under paragraph (a) or, as the case may be, paragraph (b) above.

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