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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

120Condition requiring repayment of grant in case of certain disposals where certificate of intended letting given

(1)This section applies where an application for a renovation grant (other than a tenant’s application) has been approved by a local housing authority and the application for the grant was accompanied by a certificate of intended letting.

(2)It is a condition of the grant that—

(a)where an owner makes a relevant disposal (other than an exempt disposal) of the dwelling with vacant possession within the initial period, he shall pay to the local housing authority on demand the amount of the grant; and

(b)where an owner makes such a disposal otherwise than with vacant possession within the initial period, he shall pay to the authority on demand the amount of the grant, reduced by one-fifth for each complete year which has elapsed after the certified date and before the disposal.

(3)A condition under subsection (2) above is a local land charge and shall, subject to subsection (5) and section 125 below, remain in force with respect to the dwelling for a period of five years from the certified date.

(4)So long as a condition under subsection (2) above remains in force with respect to a dwelling it is binding on any person who is for the time being an owner of the dwelling.

(5)On satisfaction of the liability arising from a demand under this section, any condition under subsection (2) above shall cease to be in force with respect to the dwelling in question.

(6)The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124 below.

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