Housing Grants, Construction and Regeneration Act 1996

140 Minor definitions relating to relocation grants. E+W

(1) In sections 131 to 139 (provisions as to relocation grants)—

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “grant condition period” means the period of five years, or such other period as the Secretary of State may by order specify, beginning with the date of the acquisition of the owner’s interest in the qualifying dwelling;

• “local housing authority” has the same meaning as in the M1 Housing Act 1985;

• “owner”, in relation to a dwelling, means the person who—

  (a)

  is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and

  (b)

  is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord;

• “owner’s interest”, in relation to any premises, means—

  (a)

  an estate in fee simple absolute in possession, or

  (b)

  a term of years absolute of which not less than five years remain unexpired at the date of the application,

  whether held by the applicant alone or jointly with others;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “qualifying dwelling” has the meaning given by section 133(2);

• “qualifying person” has the meaning given by section 133(1);

• “relocation grant” means a grant under section 132.

(2) For the purposes of the definition of “owner” in subsection (1), the net annual value of a dwelling means the rent at which the dwelling might reasonably be expected to be let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of repair and insurance and the other expenses, if any, necessary to maintain the dwelling in a state to command that rent.

(3) Any dispute arising as to the net annual value of a dwelling shall be referred in writing for decision by the district valuer.

In this subsection “district valuer” has the same meaning as in the Housing Act 1985.

(4) Section 113 of the Housing Act 1985 (meaning of “members of a person’s family”) applies in determining whether a person is a member of another’s family for the purposes of sections 132 and 135.

Commencement Information

I1 S. 140 wholly in force; s. 140 not in force at Royal Assent see s. 150; s. 140 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 140 in force insofar as not already in force at 16.12.1997 by S.I. 1997/2846, art. 2

Marginal Citations

M1 1985 c. 68.