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Local Government and Housing Act 1989

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This is the original version (as it was originally enacted).

133Persons entitled to grants

(1)In relation to a grant or an application for a grant, references in the preceding provisions of this Part, and in subsection (2) below, to the applicant shall be construed in relation to any time after his death as a reference to his personal representatives.

(2)Where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to apply for a grant of that description—

(a)in the case of any grant, other than a common parts grant, no grant shall be paid or, as the case may be, no further instalments shall be paid, and

(b)in the case of a common parts grant, other than one made on a tenants' common parts application, the local housing authority may refuse to pay the grant or any further instalment,

and the authority may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment at such reasonable rate as the authority may determine.

(3)For the purposes of subsection (2) above an applicant ceases to be a person entitled to apply for a grant, other than a common parts grant,—

(a)if he ceases to have the owner’s interest by virtue of which the condition in section 104(1)(a) above was (or was treated as) fulfilled, or

(b)if he ceases to be a tenant of the dwelling, or

(c)if he, or a member of his family, ceases to have the intention specified in a certificate under subsection (2), subsection (3) or subsection (4) (as the case may be) of section 106 above, or

(d)if, in the case of an applicant for an HMO grant, he ceases to have the intention specified in a certificate under section 106(7) above.

(4)For the purposes of subsection (2) above an applicant whose application is a landlord’s common parts application ceases to be a person entitled to apply for a common parts grant—

(a)if he ceases to have a duty or power to carry out the relevant works; or

(b)if he ceases to have such an interest in the building as is referred to in paragraph (a) or paragraph (b) of section 105(4) above.

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