Local Government and Housing Act 1989

112 Duty to approve applications to render certain dwellings fit for humanhabitation. E+W

(1) Subject to the preceding provisions of this Part, on receipt of anapplication for a renovation grant (other than an application in respect ofworks required for the provision of one or more dwellings by the conversionof a house or other building), the local housing authority shall determine,with respect to the dwelling, whether the dwelling is fit for humanhabitation.

(2) In any case where the local housing authority—

(a) determine under subsection (1) above that a dwelling is not fit for humanhabitation, and

(b) consider that completion of the relevant works will cause the dwelling tobe fit for human habitation, and

(c) are satisfied that completion of the relevant works is the mostsatisfactory course of action,

then, subject to subsections (4) and (5) below, they shall approve theapplication so far as it relates to that dwelling.

(3) If, in the case of any application, the local housing authority considerthat the relevant works include works for which assistance is available underPart XVI of the M1 Housing Act 1985 (assistance for ownersof defective housing), they shall treat the application as if the relevantworks did not include those works.

(4) If, in the case of any application, other than one to which section 113or section 115(6) below applies, the local housing authority consider thatthe relevant works include works in addition to those which will cause thedwelling to be fit for human habitation (“the additional works"), theyshall treat the application—

(a) as an application under this section in so far as it relates to worksother than the additional works; and

(b) as an application under section 115 below in so far as it relates to theadditional works;

but, for the purposes of section 116 below and the subsequent provisionsof this Part, the two applications shall be treated as one application.

(5) A local housing authority shall not be under a duty under this section toapprove an application—

(a) which is accompanied by a certificate of intended letting and is not atenant’s application; or

(b) if they expect, within the period of twelve months beginning with the dateof receipt of the application, to prepare a group repair scheme in respect ofa building which includes or comprises the dwelling.

(6) Section 604 of the M2 Housing Act 1985 (fitness for humanhabitation) applies for the purposes of this Part, as it applies for thepurposes of that Act.

(7) In deciding whether they are satisfied as mentioned in subsection (2)(c)above, the local housing authority shall have regard to any guidance givenunder section 604A of the Housing Act 1985 and, for that purpose, theauthority shall treat any guidance given in respect of the serving of a repairnotice under section 189(1) of that Act as guidance given in respect of thecompletion of the relevant works.

Modifications etc. (not altering text)

C1 S. 112 excluded (11.9.1996 for certain purposes otherwise 17.12.1996) by 1996 c. 53, s. 102(3)(4)(5); S.I. 1996/2352, art. 2(2); S.I. 1996/2842, art. 3

Marginal Citations

M1 1985 c. 68.

M2 1985 c. 68.