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Housing Grants, Construction and Regeneration Act 1996

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Chapter IE+W+S+N.I. The main grants

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Modifications etc. (not altering text)

C1Pt. I Ch. I (ss. 1-59) excluded (17.12.1996) by S.I. 1996/2890, reg. 3(1)

IntroductoryE+W

1 Grants for improvements and repairs, &c.E+W

(1)Grants are available from local housing authorities in accordance with this Chapter towards the cost of works required for—

(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the provision of facilities for disabled persons

[F2(i)in dwellings, qualifying houseboats and qualifying park homes, and

(ii)in the common parts of buildings containing one or more flats.]

F2F2(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In the following provisions of this Chapter the expression “grant[F4means a grant under subsection (1) above]F4.

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Amendments (Textual)

2 Applications for grants.E+W

(1)No grant shall be paid unless an application for it is made to the local housing authority in accordance with the provisions of this Chapter and is approved by them.

(2)An application for a grant shall be in writing and shall specify the premises to which it relates and contain—

(a)particulars of the works in respect of which the grant is sought (in this Chapter referred to as the “relevant works”);

(b)unless the local housing authority otherwise direct in any particular case, at least two estimates from different contractors of the cost of carrying out the relevant works;

(c)particulars of any preliminary or ancillary services and charges in respect of the cost of which the grant is also sought; and

(d)such other particulars as may be prescribed.

(3)In this Chapter “preliminary or ancillary services and charges”, in relation to an application for a grant, means services and charges which—

(a)relate to the application and the preparation for and the carrying out of works, and

(b)are specified for the purposes of this subsection by order of the Secretary of State.

(4)The Secretary of State may by regulations prescribe a form of application for a grant and an application for a grant to which any such regulations apply is not validly made unless it is in the prescribed form.

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Commencement Information

I1S. 2 wholly in force; S. 2 not in force at Royal Assent see s. 150; S. 2 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 2 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Preliminary conditionsE+W

3 Ineligible applicants.E+W

(1)No grant is payable under this Chapter unless the applicant is aged 18 or over on the date of the application.

In the case of a joint application, any applicant under the age of 18 years on the date of the application shall be left out of account.

(2)No grant is payable under this Chapter if the person who would otherwise qualify as the applicant for the grant is—

(a)a local authority;

(b)a new town corporation;

(c)an urban development corporation;

(d)a housing action trust;

F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a [F6Strategic Health Authority,]F6 health authority, special health authority [F7, Primary Care Trust] or NHS trust;

[F8(g)a police authority established under section 3 of the Police Act 1996 F9... ;]

(h)a joint authority established by Part IV of the M1Local Government Act 1985;

(i)a residuary body established by Part VII of that Act; F10. . .

(j)an authority established under section 10(1) of that Act (waste disposal) [F11or

(k)the London Fire and Emergency Planning Authority.]

(3)No grant is payable under this Chapter if the applicant is of a description excluded from entitlement to grant aid by regulations made by the Secretary of State.

(4)Regulations under subsection (3) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.

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Amendments (Textual)

F7Words in s. 3(2)(f) inserted (8.2.2000) by S.I. 2000/90, arts. 1, 3(1), Sch. 1 para. 31(2)

Commencement Information

I2S. 3 wholly in force; S. 3 not in force at Royal Assent see s. 150; S. 3 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 3 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Marginal Citations

4 The age of the property.E+W

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

5 Excluded descriptions of works.E+W

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

6 Defective dwellings.E+W

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Renovation grantsE+W

7 Renovation grants: owner’s applications and tenant’s applications.E+W

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

8 Renovation grants: certificates required in case of owner’s application.E+W

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

9 Renovation grants: certificates required in case of tenant’s application.E+W

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

10 Renovation grants: prior qualifying period.E+W

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

11 Prior qualifying period: the ownership or tenancy condition.E+W

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

12 Renovation grants: purposes for which grant may be given.E+W

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

13 Renovation grants: approval of application.E+W

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Common parts grantsE+W

14 Common parts grants: occupation of flats by occupying tenants.E+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

15 Common parts grants: landlord’s and tenants’ applications.E+W

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

16 Common parts grants: certificate required to accompany application.E+W

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

17 Common parts grants: purposes for which grant may be given.E+W

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

18 Common parts grants: approval of application.E+W

F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Disabled facilities grantsE+W

19 Disabled facilities grants: owner’s and tenant’s applications.E+W

(1)A local housing authority shall not entertain an application for a F27... grant unless they are satisfied—

(a)that the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out, or

(b)that the applicant is a tenant (alone or jointly with others)—

(i)in the case of an application in respect of works to a dwelling, of the dwelling, or

(ii)in the case of a common parts application, of a flat in the building,

and, in either case, does not have or propose to acquire such an owner’s interest as is mentioned in paragraph (a)[F28, or

(c)that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a qualifying park home.]

F28(2)References in this Chapter to an “owner's application” or a “tenant's application[F29or an “occupier’s application”]F29, in relation to a F30... grant, shall be construed accordingly.

(3)In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) as met by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.

(4)In this Chapter, in relation to an application for a F31... grant—

  • qualifying owner’s interest” means an owner’s interest meeting the condition in subsection (1)(a) or treated by virtue of subsection (3) as meeting that condition; and

  • qualifying tenant” means a tenant who meets the conditions in subsection (1)(b).

(5)In this Chapter “tenant”, in relation to a F32... grant, includes—

(a)a secure tenant, introductory tenant or statutory tenant,

(b)a protected occupier under the M2Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the M3Housing Act 1988,

(c)an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and

(d)a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Secretary of State;

and other expressions relating to tenancies, in the context of an application for F33... grant, shall be construed accordingly.

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Amendments (Textual)

Commencement Information

I3S. 19 wholly in force; s. 19 not in force at Royal Assent see s. 150; s. 19 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); S. 19 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Marginal Citations

20 Disabled facilities grants: the disabled occupant.E+W

In this Chapter the “disabled occupant”, in relation to an application for F34... grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works.

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Amendments (Textual)

21 Disabled facilities grants: certificate required in case of owner’s application.E+W

(1)A local housing authority shall not entertain an owner’s application for a F35... grant unless it is accompanied by an owner’s certificate in respect of the dwelling to which the application relates or, in the case of a common parts application, in respect of each flat in the building occupied or proposed to be occupied by a disabled occupant.

(2)An “owner’s certificate”, for the purposes of an application for a F36... grant, certifies that the applicant—

(a)has or proposes to acquire a qualifying owner’s interest, and

(b)intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

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Amendments (Textual)

22 Disabled facilities grants: certificates required in case of tenant’s application.E+W

(1)A local housing authority shall not entertain a tenant’s application for a F37... grant unless it is accompanied by a tenant’s certificate.

(2)A “tenant’s certificate”, for the purposes of an application for a F38... grant, certifies—

(a)that the application is a tenant’s application, and

(b)that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

(3)Except where the authority consider it unreasonable in the circumstances to require such a certificate, they shall not entertain a tenant’s application for a F39... grant unless it is also accompanied by an owner’s certificate from the person who at the time of the application is the landlord under the tenancy.

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Amendments (Textual)

[F4022ACertificates required in case of occupier’s applicationE+W
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Amendments (Textual)

(1)A local housing authority shall not entertain an occupier’s application for a grant unless it is accompanied by an occupier’s certificate.

(2)An “occupier’s certificate”, for the purposes of an application for a grant, certifies—

(a)that the application is an occupier’s application, and

(b)that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the qualifying houseboat or qualifying park home (as the case may be) as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

(3)Except where the authority consider it unreasonable in the circumstances to require such a certificate, they shall not entertain an occupier’s application for a grant unless it is also accompanied by a consent certificate from each person (other than the applicant) who at the time of the application—

(a)is entitled to possession of the premises at which the qualifying houseboat is moored or, as the case may be, the pitch on which the qualifying park home is stationed; or

(b)is entitled to dispose of the qualifying houseboat or, as the case may be, the qualifying park home.

(4)A “consent certificate”, for the purposes of subsection (3), certifies that the person by whom the certificate is given consents to the carrying out of the relevant works.]

23 Disabled facilities grants: purposes for which grant must or may be given.E+W

(1)The purposes for which an application for a F41... grant must be approved, subject to the provisions of this Chapter, are the following—

(a)facilitating access by the disabled occupant to and from

[F42(i)the dwelling, qualifying houseboat or qualifying park home, or

(ii)]F42the building in which the dwelling or, as the case may be, flat is situated;

(b)making

[F43(i)the dwelling, qualifying houseboat or qualifying park home, or

(ii)the building,

safe]F43 for the disabled occupant and other persons residing with him;

(c)facilitating access by the disabled occupant to a room used or usable as the principal family room;

(d)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;

(e)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, or facilitating the use by the disabled occupant of such a facility;

(f)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a bath or shower (or both), or facilitating the use by the disabled occupant of such a facility;

(g)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a washhand basin, or facilitating the use by the disabled occupant of such a facility;

(h)facilitating the preparation and cooking of food by the disabled occupant;

(i)improving any heating system in the dwelling [F44, qualifying houseboat or qualifying park home]F44 to meet the needs of the disabled occupant or, if there is no existing heating system [F45there]F45 or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;

(j)facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control;

(k)facilitating access and movement by the disabled occupant around the dwelling [F44, qualifying houseboat or qualifying park home]F44 in order to enable him to care for a person who is normally resident [F45there]F45 and is in need of such care;

(l)such other purposes as may be specified by order of the Secretary of State.

(2)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in subsection (1) F47..., they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.

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Amendments (Textual)

F46S. 23(2) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15 {Sch. 3 para. 7(b)}, {Sch. 6} (with art. 11(2))

24 Disabled facilities grants: approval of application.E+W

[F48(1)The local housing authority shall approve an application for a grant for purposes within section 23(1), subject to the following provisions.]

F48(2)Where an authority entertain an owner’s application for a F49... grant made by a person who proposes to acquire a qualifying owner’s interest, they shall not approve the application until they are satisfied that he has done so.

(3)A local housing authority shall not approve an application for a F50... grant unless they are satisfied—

(a)that the relevant works are necessary and appropriate to meet the needs of the disabled occupant, and

(b)that it is reasonable and practicable to carry out the relevant works having regard to the age and condition of

[F51(i)the dwelling, qualifying houseboat or qualifying park home, or

(ii)the]F51 building.

In considering the matters mentioned in paragraph (a) a local housing authority which is not itself a social services authority shall consult the social services authority.

(4)An authority proposing to approve an application for a F52... grant shall consider—

(a)in the case of an application in respect of works to a dwelling, whether the dwelling is fit for human habitation;

(b)in the case of a common parts application, whether the building meets the requirements in section 604(2) of the M4Housing Act 1985.

and the authority shall take that into account in deciding whether it is reasonable and practicable to carry out the relevant works.

(5)A local housing authority shall not approve a common parts application for a F53... grant unless they are satisfied that the applicant has a power or is under a duty to carry out the relevant works.

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Amendments (Textual)

Marginal Citations

HMO grantsE+W

25 HMO grants: the interest of the applicant in the property.E+W

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

26 HMO grants: certificate required to accompany application.E+W

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

27 HMO grants: purposes for which grant may be given.E+W

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

28 HMO grants: approval of application.E+W

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Restrictions on grant aidE+W

29 Restriction on grants for works already begun.E+W

(1)Subject as follows, a local housing authority shall not approve an application for a grant if the relevant works have been begun before the application is approved.

(2)Where the relevant works have been begun but have not been completed, the authority 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.

(3)Where an authority decide to approve an application in accordance with subsection (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works do not include any that are completed.

But in determining for the purposes of the application the physical condition of the dwelling [F58, qualifying houseboat, qualifying park home or]F58 common parts F59... concerned, they shall consider the condition of the premises at the date of the application.

(4)F60... a local housing authority shall not approve an application for a grant if the relevant works have been completed.

(5)F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

30 Means testing in case of application by owner-occupier or tenant.E+W

(1)F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If in the case of an application for a F66... grant the financial resources of any person of a description specified by regulations exceed the applicable amount, the amount of any grant which may be paid shall, in accordance with regulations, be reduced from what it would otherwise have been.

(5)Provision may be made by regulations—

(a)for the determination of the amount which is to be taken to be the financial resources of any person,

(b)for the determination of the applicable amount referred to in subsection F67... (4), and

(c)as to circumstances in which the financial resources of a person are to be assumed (by reason of his receiving a prescribed benefit or otherwise) not to exceed the applicable amount.

(6)Regulations may, in particular—

(a)make provision for account to be taken of the income, assets, needs and outgoings not only of the person himself but also of his spouse, any person living with him or intending to live with him and any person on whom he is dependent or who is dependent on him;

(b)make provision for amounts specified in or determined under the regulations to be taken into account for particular purposes.

(7)Regulations may apply for the purposes of this section, subject to such modifications as may be prescribed, any other statutory means-testing regime as it has effect from time to time.

(8)Regulations may make provision requiring any information or evidence needed for the determination of any matter under this section to be furnished by such person as may be prescribed.

(9)In this section “regulations” means regulations made by the Secretary of State with the consent of the Treasury.

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Amendments (Textual)

Commencement Information

I4S. 30 wholly in force; s. 30 not in force at Royal Assent see s. 150; s. 30 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 30 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

31 Determination of amount of grant in case of landlord’s application.E+W

[F68(1)This section applies to an owner’s application in respect of works to a dwelling which is or is intended to be let, or to the common parts of a building in which a flat is or is intended to be let.]

F68(2)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The amount of the grant (if any) shall be determined by the local housing authority, having regard to—

(a)the extent to which the landlord is able to charge a higher rent for the premises because of the works, and

(b)such other matters as the Secretary of State may direct.

(4)The authority may, if they think it appropriate, seek and act upon the advice of rent officers as to any matter.

(5)The Secretary of State may by regulations make provision requiring any information or evidence needed for the determination of any matter under this section to be furnished by such person as may be prescribed.

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Amendments (Textual)

Commencement Information

I5S. 31 wholly in force; s. 31 not in force at Royal Assent see s. 150; s. 31 in force for certain purposes at 13.11.1996 by S.I. 1996/2842, art. 2; s. 31 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

32 Apportionment in case of tenants’ application for common parts grant.E+W

F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

33 Power to specify maximum amount of grant.E+W

(1)The Secretary of State may, if he thinks fit, by order specify a maximum amount or a formula for calculating a maximum amount of grant which a local housing authority may pay in respect of an application for a grant.

(2)An order under this section may make different provision for F71... different circumstances.

(3)F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An authority may not F73... pay an amount of grant in excess of a specified maximum amount.

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Amendments (Textual)

Commencement Information

I6S. 33 wholly in force; s. 33 not in force at Royal Assent see s. 150; s. 33 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 33 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Decision and notificationE+W

34 Decision and notification.E+W

(1)A local housing authority shall by notice in writing notify an applicant for a grant as soon as reasonably practicable, and, in any event, not later than six months after the date of the application concerned, whether the application is approved or refused.

(2)Where an authority decide to approve an application for a grant, they shall determine—

(a)which of the relevant works are eligible for grant (in this Chapter referred to as “the eligible works”),

(b)the amount of the expenses which in their opinion are properly to be incurred in the execution of the eligible works,

(c)the amount of the costs which in their opinion have been properly incurred, or are properly to be incurred, with respect to preliminary or ancillary services and charges, and

(d)the amount of grant they have decided to pay, taking into account all the relevant provisions of this Chapter.

The total of the amounts referred to in paragraphs (b) and (c) is referred to in this Chapter as “the estimated expense”.

(3)If the authority notify the applicant under subsection (1) that the application is approved, they shall specify in the notice—

(a)the eligible works,

(b)the amounts referred to in subsection (2)(b) and (c), and how those amounts have been calculated, and

(c)the amount of the grant.

(4)If the authority notify the applicant under subsection (1) that the application is refused, they shall at the same time notify him of the reasons for the refusal.

(5)If after an application for a grant has been approved the authority are satisfied that owing to circumstances beyond the control of the applicant—

(a)the eligible works cannot be, or could not have been, carried out on the basis of the amount of expenses referred to in subsection (2)(b),

(b)the amount of the costs which have been or are to be incurred as mentioned in subsection (2)(c) has increased, or

(c)the eligible works cannot be, or could not have been, carried out without carrying out additional works which could not have been reasonably foreseen at the time the application was made,

the authority may re-determine the estimated expense and the amount of the grant.

(6)Where an application for a grant is approved, the local housing authority may not impose any condition in relation to the approval or payment of the grant, except—

(a)as provided by the following provisions of this Chapter, or

(b)with the consent of the Secretary of State;

and this applies whether the condition purports to operate as a condition, a personal covenant or otherwise.

Payment of grantsE+W

35 Payment of grants: general.E+W

(1)Where the local housing authority have approved an application for a grant, they shall pay the grant, subject to the following provisions of this Chapter.

(2)The grant may be paid—

(a)in whole after the completion of the eligible works, or

(b)in part by instalments as the works progress and the balance after completion of the works.

(3)Where a grant is paid by instalments, the aggregate of the instalments paid before the completion of the eligible works shall not at any time exceed nine-tenths of the amount of the grant.

36 Delayed payment of mandatory grant.E+W

(1)[F74The local housing authority may approve an application for a grant]F74 on terms that payment of the grant, or part of it, will not be made before a date specified in the notification of their decision on the application.

(2)That date shall not be more than twelve months, or such other period as may be specified by order of the Secretary of State, after the date of the application.

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Amendments (Textual)

37 Payment of grants: conditions as to carrying out of the works.E+W

(1)It is a condition of payment of every grant that the eligible works are carried out within twelve months from—

(a)the date of approval of the application concerned, or

(b)where section 36 applies (delayed payment of mandatory grant), the date specified in the notification of the authority’s decision,

or, in either case, such further period as the local housing authority may allow.

(2)The authority may, in particular, allow further time where they are satisfied that the eligible works cannot be, or could not have been, carried out without carrying out other works which could not have been reasonably foreseen at the time the application was made.

(3)In approving an application for a grant a local housing authority may require as a condition of payment of the grant that the eligible works are carried out in accordance with such specifications as they determine.

(4)The payment of a grant, or part of a grant, is conditional upon—

(a)the eligible works or the corresponding part of the works being executed to the satisfaction of the authority, and

(b)the authority being provided with an acceptable invoice, demand or receipt for payment for the works and any preliminary or ancillary services or charges in respect of which the grant or part of the grant is to be paid.

For this purpose an invoice, demand or receipt is acceptable if it satisfies the authority and is not given by the applicant or a member of his family.

38 Payment of grants: conditions as to contractors employed.E+W

(1)It is a condition of payment of every grant, unless the local housing authority direct otherwise in any particular case, that the eligible works are carried out by the contractor whose estimate accompanied the application or, where two or more estimates were submitted, by one of those contractors.

(2)The Secretary of State may by regulations make provision as to the establishing and maintaining by local housing authorities of lists of contractors approved by them for the purpose of carrying out grant-aided works.

(3)The regulations may provide that it shall be a condition of payment of every grant by a local housing authority by whom such a list is maintained that, except in such cases as may be prescribed and unless the local housing authority direct otherwise in any particular case, the eligible works are carried out by a contractor who is on the authority’s list of approved contractors.

39 Payment of grant to contractor.E+W

(1)The local housing authority may pay a grant or part of a grant—

(a)by payment direct to the contractor, or

(b)by delivering to the applicant an instrument of payment in a form made payable to the contractor.

They shall not do so unless the applicant was informed before the grant application was approved that this would or might be the method of payment.

(2)Where an amount of grant is payable, but the works in question have not been executed to the satisfaction of the applicant, the local housing authority may at the applicant’s request and if they consider it appropriate to do so withhold payment from the contractor.

If they do so, they may make the payment to the applicant instead.

40 Applicant ceasing to be entitled before payment of grant.E+W

(1)This section applies where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to a grant F75... .

In the case of a joint application this section does not apply unless all the applicants cease to be so entitled.

(2)Where this section applies—

[F76(a)no grant shall be paid or, as the case may be, no further instalments shall be paid, and

(b)]F76the 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)F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this section an applicant ceases to be a person entitled to a F78... grant—

(a)in the case of an owner’s application—

(i)if he ceases to have a qualifying owner’s interest, or

(ii)if he ceases to have the intention specified in the owner’s certificate which accompanied the application;

(b)in the case of a tenant’s application—

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

(ii)if the application was accompanied by an owner’s certificate and the landlord ceases to have the intention specified in the certificate.

But if the case falls within section 41 (change of circumstances affecting disabled occupant), the authority shall act under that section.

(5)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section has effect subject to section 56 (provisions relating to death of applicant).

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Amendments (Textual)

41 Change of circumstances affecting disabled occupant.E+W

(1)This section applies where an application for a F80... grant has been approved and before the certified date—

(a)the works cease to be necessary or appropriate to meet the needs of the disabled occupant, or

(b)the disabled occupant ceases to occupy the dwelling [F81, qualifying houseboat, qualifying park home]F81 or flat concerned or it ceases to be the intention that he should occupy it, or

(c)the disabled occupant dies.

Where the application related to more than one disabled occupant, this section applies if any of paragraphs (a) to (c) applies in relation to any of them.

(2)This section applies whether or not the disabled occupant (or any of them) is the applicant (or one of them).

(3)Where this section applies the local housing authority may take such action as appears to them appropriate and may decide—

(a)that no grant shall be paid or, as the case may be, no further instalments shall be paid,

(b)that the relevant works or some of them should be completed and the grant or an appropriate proportion of it paid, or

(c)that the application should be redetermined in the light of the new circumstances.

(4)In making their decision the authority shall have regard to all the circumstances of the case.

(5)If the authority decide that no grant shall be paid or that no further instalments shall be paid, they 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.

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Amendments (Textual)

42 Cases in which grants may be re-calculated, withheld or repaid.E+W

(1)This section applies where an application for a grant has been approved by the local housing authority and—

(a)the authority ascertain that the amount was determined under section 30 or 31 on the basis of inaccurate or incomplete information and exceeds that to which the applicant was entitled;

(b)the authority ascertain that without their knowledge the eligible works were started before the application was approved;

(c)the eligible works are not completed to the satisfaction of the authority within the period specified under section 37(1), or such extended period as they may allow under that provision;

(d)the authority ascertain that the aggregate of the cost of completing the eligible works and the costs incurred with respect to preliminary or ancillary services and charges, is or is likely to be lower than the estimated expense; or

(e)the authority ascertain that without their knowledge the eligible works were carried out otherwise than as required by section 38 (conditions as to contractors employed).

(2)Where this section applies, the authority may—

(a)refuse to pay the grant or any further instalment of grant which remains to be paid, or

(b)make a reduction in the grant which, in a case falling within subsection (1)(d), is to be a reduction proportionate to the reduction in the estimated expense;

and they may demand repayment by the applicant forthwith, in whole or part, of the grant or any instalment of the grant paid, together with interest at such reasonable rate as the authority may determine from the date of payment until repayment.

43 Repayment where applicant not entitled to grant.E+W

(1)This section applies where an application for a grant is approved but it subsequently appears to the local housing authority that the applicant (or, in the case of a joint application, any of the applicants) was not, at the time the application was approved, entitled to a grant F82... .

(2)Where this section applies—

[F83(a)no grant shall be paid or, as the case may be, no further instalments shall be paid, and

(b)]F83the authority may demand that any 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)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this section an applicant is not entitled to a F85... grant—

(a)in the case of an owner’s application—

(i)if he does not have a qualifying owner’s interest, or

(ii)if he does not have the intention specified in the owner’s certificate which accompanied the application; or

(b)in the case of a tenant’s application—

(i)if he is not a qualifying tenant of the dwelling, or

(ii)if the application was accompanied by an owner’s certificate and the landlord does not have the intention specified in the certificate;[F86 or

(c)in the case of an occupier’s application, if he does not have the intention specified in the occupier’s certificate which accompanied the application.]

F86(5)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Grant conditions and repaymentE+W+S+N.I.

44 Grant conditions: introductory.E+W

(1)[F88Sections 51 and 52]F88 have effect with respect to the conditions to be observed where an application for a grant has been approved by a local housing authority.

In this Chapter a “grant condition” means a condition having effect in accordance with [F89either]F89 of those sections.

(2)Except as otherwise provided—

(a)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a grant condition imposed under section 52 (power to impose other conditions with consent of Secretary of State) has effect for such period as may be specified in, or in accordance with, the Secretary of State’s consent.

(3)In this Chapter—

(a)the “grant condition period” means the period of five years, or such other period as the Secretary of State may by order specify or as may be imposed by the local housing authority with the consent of the Secretary of State, beginning with the certified date; and

(b)the “certified date” means the date certified by the local housing authority as the date on which the execution of the eligible works is completed to their satisfaction.

(4)A local housing authority may not impose any condition requiring a grant to be repaid except in accordance with [F92sections 51 and 52]F92.

This applies whether the condition purports to operate as a condition of the grant, as a personal covenant or otherwise.

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Amendments (Textual)

Commencement Information

I7S. 44 wholly in force; s. 44 not in force at Royal Assent see s. 150; s. 44 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 44 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

45 Condition for repayment on disposal: renovation grants.E+W

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

46 Condition for repayment on disposal: common parts grants.E+W

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

47 Condition for repayment on disposal: HMO grants.E+W

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

48 Condition as to owner-occupation: renovation grants.E+W

F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

49 Condition as to availability for letting: renovation grants.E+W

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

50 Conditions as to occupation: HMO grants.E+W

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

51 Conditions as to repayment in case of other compensation, &c.E+W

(1)Where a local housing authority approve an application for a grant they may, with the consent of the Secretary of State, impose a condition requiring the applicant to take reasonable steps to pursue any relevant claim to which this section applies and to repay the grant, so far as appropriate, out of the proceeds of such a claim.

(2)The claims to which this section applies are—

(a)an insurance claim, or a legal claim against another person, in respect of damage to the premises to which the grant relates, or

(b)a legal claim for damages in which the cost of the works to premises to which the grant relates is part of the claim;

and a claim is a relevant claim to the extent that works to make good the damage mentioned in paragraph (a), or the cost of which is claimed as mentioned in paragraph (b), are works to which the grant relates.

(3)In the event of a breach of a condition under this section, the applicant shall on demand pay to the local housing authority the amount of the grant so far as relating to any such works, together with compound interest as from such date as may be prescribed by or determined in accordance with the regulations, calculated at such reasonable rate as the authority may determine and with yearly rests.

(4)The local housing authority may determine not to make such a demand or to demand a lesser amount.

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Commencement Information

I8S. 51 wholly in force; s. 51 not in force at Royal Assent see s. 150; s. 51 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 51 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

52 Power to impose other conditions with consent of Secretary of State.E+W

(1)Where a local housing authority approve an application for a grant they may, with the consent of the Secretary of State, impose such conditions as they think fit—

(a)relating to things done or omitted before the certified date and requiring the repayment to the local housing authority on demand of any instalments of grant paid, or

(b)relating to things done or omitted on or after that date and requiring the payment to the local housing authority on demand of a sum equal to the amount of the grant paid;

and, in either case, that amount may be required to be paid together with compound interest on that amount as from the date of payment, calculated at such reasonable rate as the authority may determine and with yearly rests.

(2)A condition under this section is a local land charge and is binding on—

(a)any person who is for the time being an owner of the dwelling F99... or building, and

(b)such other persons (if any) as the authority may, with the consent of the Secretary of State, specify.

(3)F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the authority have the right to demand repayment of an amount as mentioned in subsection (1), they may determine not to demand payment or to demand a lesser amount.

(5)Any conditions imposed under this section are in addition to the conditions provided for by [F101section 51]F101 .

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Amendments (Textual)

Commencement Information

I9S. 52 wholly in force; s. 52 not in force at Royal Assent see s. 150; s. 52 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 52 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

53 Meaning of relevant disposal.E+W

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

54 Meaning of exempt disposal.E+W+S+N.I.

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

55 Cessation of conditions on repayment of grant, &c.E+W

(1)If at any time while a grant condition remains in force with respect to a dwelling, F104... or building—

(a)the owner of the dwelling, F104... or building to which the condition relates pays the amount of the grant to the local housing authority by whom the grant was made,

(b)a mortgagee of the interest of the owner in that dwelling, F104... or building being a mortgagee entitled to exercise a power of sale, makes such a payment,

(c)the local housing authority determine not to demand repayment on the breach of a grant condition, or

(d)the authority demand repayment in whole or in part on the breach of a grant condition and that demand is satisfied,

that grant condition and any other grant conditions shall cease to be in force with respect to that dwelling, F104... or building.

F105(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An amount paid by a mortgagee under subsection (1)(b) above shall be treated as part of the sums secured by the mortgage and may be discharged accordingly.

(4)The purposes authorised for the application of capital money by—

(a)section 73 of the M5Settled Land Act 1925,

F106(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 26 of the M6Universities and College Estates Act 1925,

include the making of payments under this section.

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Amendments (Textual)

Marginal Citations

Supplementary provisionsE+W

56 Provisions relating to death of applicant.E+W

(1)References in this Chapter to the applicant, in relation to a grant or an application for a grant, shall be construed in relation to any time after his death as a reference to his personal representatives.

(2)Where the applicant dies after liability has been incurred for any preliminary or ancillary services or charges, the local housing authority may, if they think fit, pay grant in respect of some or all of those matters.

(3)Where the applicant dies after the relevant works have been begun and before the certified date, the local housing authority may, if they think fit, pay grant in respect of some or all of the works already carried out and other relevant works covered by the application.

(4)Nothing in this section shall be construed as preventing the provisions as to grant conditions applying in relation to any payment of grant under subsection (2) or (3).

57 Power of local housing authority to carry out works which would attract grant.E+W

(1)A local housing authority may by agreement with a person having the requisite interest execute at his expense—

(a)any works towards the cost of which a grant under this Chapter is payable or might be paid on an application duly made and approved, and

(b)any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a).

[F107(2)In subsection (1), the reference to a person having the requisite interest is a reference to—

(a)in the case of a qualifying houseboat or qualifying park home, the person who is—

(i)entitled to possession of the premises at which the qualifying houseboat is moored or the pitch on which the qualifying park home is stationed, or

(ii)entitled to dispose of the qualifying houseboat or qualifying park home, or

(b)in any other case, the person who has an owner’s interest.]

F107(3)F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

58 Minor definitions: Chapter I.E+W

In this Chapter—

  • common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

  • common parts application”, in relation to an application for a F109... grant, means an application in respect of works to the common parts of a building containing one or more flats;

  • F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • flat” means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.

  • [F111“premises” includes a qualifying houseboat or a qualifying park home;]

  • [F112F111“qualifying houseboat” means a boat or similar structure designed or adapted for use as a place of permanent habitation which—

    (a)

    has its only or main mooring within the area of a single local housing authority;

    (b)

    is moored in pursuance of a right to that mooring; and

    (c)

    is a dwelling for the purposes of Part 1 of the Local Government Finance Act 1992 (council tax),

    and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;]

  • [F113F112“qualifying park home” means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968) which—

    (a)

    is stationed on land forming part of a protected site within the meaning of the Mobile Homes Act 1983;

    (b)

    is occupied under an agreement to which that Act applies or under a gratuitous licence; and

    (c)

    is a dwelling for the purposes of Part 1 of the Local Government Finance Act 1992 (council tax),

    and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.F113]

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Amendments (Textual)

F109In s. 58 in definition of "common parts application" words repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 25(a), Sch. 6 (with art. 11(2))

59.E+W

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

F114...F114...
F114...F114...
certified datesection 44(3)(b)
common partssection 58
common parts application (in relation to a F115... grant)section 58
F114...F114...
F114...F114...
F114...F114...
F114...F114...
disabled occupantsection 20
disabled personsection 100(1) to (3)
dwellingsection 101
F114...F114...
eligible workssection 34(2)(a)
estimated expensesection 34(2)
F114...F114...
fit for human habitationsection 97(1)
flatsection 58
grant F116...section 1(6)
grant conditionsection 44(1)
grant condition periodsection 44(3)(a)
F114...F114...
F114...F114...
housing action trustsection 101
F114...F114...
introductory tenantsection 101
F114...
F114...F114...
F114...F114...
local authoritysection 101
local housing authoritysection 101
F114...F114...
member of familysection 98(1)
new town corporationsection 101
[F117occupier’s applicationsection 19(1) and (2)F117]
F114...F114...
ownersections 99 and 101
F114...F114...
owner’s application
F118...F118...
 –in relation to a F118... grantsection 19(1) and (2)
owner’s certificate (in relation to an application for a F119... grant)section 21(2)
owner’s interestsection 101
F114...F114...
F114...F114...
preliminary or ancillary services and chargessection 2(3)
[F120premisessection 58F120]
prescribedsection 101
[F121qualifying houseboatsection 58F121]
qualifying owner’s interest
F122...F122...
 –in relation to an application for a F122... grantsection 19(4)
F122...F122...
[F123qualifying park homesection 58F123]
qualifying tenant
F124...F124...
 –in relation to an application for a F124... grantsection 19(4)
F114...F114...
F114...F114...
F114...F114...
relevant works (in relation to a grant application)section 2(2)(a)
F114...F114...
F114...F114...
F125...secure tenantsection 101
social services authoritysection 100(4)
F126...statutory tenantsection 101
tenancy and tenant (generally)section 101
tenant (and expressions relating to tenancies)
F127...F127...
F127...F127...
F127...F127...
 –in the context of an application for F127... grantsection 19(5)
tenant’s application
F128...F128...
 –in relation to a F128... grantsection 19(1) and (2)
F114...F114...
tenant’s certificate
F129...F129...
 –for the purposes of an application for a F129... grantsection 22(2)
urban development corporationsection 101
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Amendments (Textual)

F122S. 59: words in entry relating to "qualifying owner's interest" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(f), Sch. 6 (with art. 11(2))

F125S. 59: words in entry relating to "secure tenancy and secure tenant" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(h), Sch. 6 (with art. 11(2))

F126S. 59: words in entry relating to "statutory tenancy and statutory tenant" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(i), Sch. 6 (with art. 11(2))

F127S. 59: words in entry relating to "tenant (and expressions relating to tenancies)" repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 26(j), Sch. 6 (with art. 11(2))

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