464A Preliminary conditions for application for common parts grant.

1

A local housing authority shall not entertain an application for a common parts grant unless they are satisfied as regards the relevant works that the applicant either—

a

has a duty to carry them out, or

b

has power to carry them out and has a qualifying interest in the building or in a dwelling in the building,

and that, at the date of the application, at least the required proportion of the dwellings in the building is occupied by tenants.

2

The following are qualifying interests for the purposes of subsection (1)(b)—

a

an estate in fee simple absolute in possession;

b

a term of years absolute of which not less than five years remains unexpired at the date of the application;

c

a tenancy to which section 1 of the Landlord and Tenant Act 1954 applies (long tenancies at low rents);

d

a protected tenancy, a secure tenancy, a protected occupancy or a statutory tenancy;

e

a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.

3

The required proportion mentioned in subsection (1) is three-quarters or such other proportion as may be—

a

prescribed for the purposes of this section by order of the Secretary of State, or

b

approved by him, in relation to a particular case or description of case, on application by the local housing authority;

and “tenant” for the purposes of that requirement means a person who has an interest within any of paragraphs (b) to (e) of subsection (2) by virtue of which he occupies a dwelling in the building as his only or main residence.

4

An order under this section—

a

may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

b

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

This section has effect subject to section 513 (parsonages, applications by charities, &c.).