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Housing Grants, Construction and Regeneration Act 1996

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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).

[F1(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.]

F1(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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 F3... grant, means an application in respect of works to the common parts of a building containing one or more flats;

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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.

  • [F5“premises” includes a qualifying houseboat or a qualifying park home;]

  • [F6F5“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;]

  • [F7F6“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.F7]

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Amendments (Textual)

F3In 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—

F8...F8...
F8...F8...
certified datesection 44(3)(b)
common partssection 58
common parts application (in relation to a F9... grant)section 58
F8...F8...
F8...F8...
F8...F8...
F8...F8...
disabled occupantsection 20
disabled personsection 100(1) to (3)
dwellingsection 101
F8...F8...
eligible workssection 34(2)(a)
estimated expensesection 34(2)
F8...F8...
fit for human habitationsection 97(1)
flatsection 58
grant F10...section 1(6)
grant conditionsection 44(1)
grant condition periodsection 44(3)(a)
F8...F8...
F8...F8...
housing action trustsection 101
F8...F8...
introductory tenantsection 101
F8...
F8...F8...
F8...F8...
local authoritysection 101
local housing authoritysection 101
F8...F8...
member of familysection 98(1)
new town corporationsection 101
[F11occupier’s applicationsection 19(1) and (2)F11]
F8...F8...
ownersections 99 and 101
F8...F8...
owner’s application
F12...F12...
 –in relation to a F12... grantsection 19(1) and (2)
owner’s certificate (in relation to an application for a F13... grant)section 21(2)
owner’s interestsection 101
F8...F8...
F8...F8...
preliminary or ancillary services and chargessection 2(3)
[F14premisessection 58F14]
prescribedsection 101
[F15qualifying houseboatsection 58F15]
qualifying owner’s interest
F16...F16...
 –in relation to an application for a F16... grantsection 19(4)
F16...F16...
[F17qualifying park homesection 58F17]
qualifying tenant
F18...F18...
 –in relation to an application for a F18... grantsection 19(4)
F8...F8...
F8...F8...
F8...F8...
relevant works (in relation to a grant application)section 2(2)(a)
F8...F8...
F8...F8...
F19...secure tenantsection 101
social services authoritysection 100(4)
F20...statutory tenantsection 101
tenancy and tenant (generally)section 101
tenant (and expressions relating to tenancies)
F21...F21...
F21...F21...
F21...F21...
 –in the context of an application for F21... grantsection 19(5)
tenant’s application
F22...F22...
 –in relation to a F22... grantsection 19(1) and (2)
F8...F8...
tenant’s certificate
F23...F23...
 –for the purposes of an application for a F23... grantsection 22(2)
urban development corporationsection 101
Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F16S. 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))

F19S. 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))

F20S. 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))

F21S. 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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