Part I Grants, &c. for renewal of private sector housing
C1Chapter I The main grants
Introductory
1 Grants for improvements and repairs, &c.
1
Grants are available from local housing authorities in accordance with this Chapter towards the cost of works required for—
a
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I12 Applications for grants.
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.
Preliminary conditions
I23 Ineligible applicants.
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;
F5e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
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.
4 The age of the property.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Excluded descriptions of works.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Defective dwellings.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Renovation grants
7 Renovation grants: owner’s applications and tenant’s applications.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Renovation grants: certificates required in case of owner’s application.
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Renovation grants: certificates required in case of tenant’s application.
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Renovation grants: prior qualifying period.
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Prior qualifying period: the ownership or tenancy condition.
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Renovation grants: purposes for which grant may be given.
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Renovation grants: approval of application.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common parts grants
14 Common parts grants: occupation of flats by occupying tenants.
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Common parts grants: landlord’s and tenants’ applications.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Common parts grants: certificate required to accompany application.
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 Common parts grants: purposes for which grant may be given.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Common parts grants: approval of application.
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disabled facilities grants
I319 Disabled facilities grants: owner’s and tenant’s applications.
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
F150c
that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a caravan and, in the case of a caravan, that at the time the application was made the caravan was stationed on land within the authority’s area.
2
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
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.
20 Disabled facilities grants: the disabled occupant.
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.
21 Disabled facilities grants: certificate required in case of owner’s application.
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.
22 Disabled facilities grants: certificates required in case of tenant’s application.
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.
22AF53Certificates required in case of occupier’s application
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 F152caravan (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
b
is entitled to dispose of the qualifying houseboat or, as the case may be, the F153caravan.
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.
1
The purposes for which an application for a F40. . . grant must be approved, subject to the provisions of this Chapter, are the following—
a
facilitating access by the disabled occupant to and from
ii
the building in which the dwelling or, as the case may be, flat is situated;
b
making
ii
the building,
safe 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 F43, qualifying houseboat or F157caravan to meet the needs of the disabled occupant or, if there is no existing heating system F44there 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
l
such other purposes as may be specified by order of the Secretary of State.
2
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) F46. . . , 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.
24 Disabled facilities grants: approval of application.
F471
The local housing authority shall approve an application for a grant for purposes within section 23(1), subject to the following provisions.
2
Where an authority entertain an owner’s application for a F48. . . 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 F49. . . 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
ii
the 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 F51. . . 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 F52. . . grant unless they are satisfied that the applicant has a power or is under a duty to carry out the relevant works.
HMO grants
25 HMO grants: the interest of the applicant in the property.
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 HMO grants: certificate required to accompany application.
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 HMO grants: purposes for which grant may be given.
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 HMO grants: approval of application.
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on grant aid
29 Restriction on grants for works already begun.
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, F160caravan or 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I430 Means testing in case of application by owner-occupier or tenant.
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, F169his civil partner, 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.
I531 Determination of amount of grant in case of landlord’s application.
F681
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.
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.
32 Apportionment in case of tenants’ application for common parts grant.
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I633 Power to specify maximum amount of grant.
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.
Decision and notification
34 Decision and notification.
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 grants
35 Payment of grants: general.
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.
1
F74The local housing authority may approve an application for a grant 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.
37 Payment of grants: conditions as to carrying out of the works.
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.
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.
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.
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—
F76a
no grant shall be paid or, as the case may be, no further instalments shall be paid, and
b
the 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).
41 Change of circumstances affecting disabled occupant.
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
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.
42 Cases in which grants may be re-calculated, withheld or repaid.
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.
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—
F83a
no grant shall be paid or, as the case may be, no further instalments shall be paid, and
b
the 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.
5
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grant conditions and repayment
I744 Grant conditions: introductory.
1
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.
This applies whether the condition purports to operate as a condition of the grant, as a personal covenant or otherwise.
45 Condition for repayment on disposal: renovation grants.
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Condition for repayment on disposal: common parts grants.
F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Condition for repayment on disposal: HMO grants.
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Condition as to owner-occupation: renovation grants.
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Condition as to availability for letting: renovation grants.
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 Conditions as to occupation: HMO grants.
F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I851 Conditions as to repayment in case of other compensation, &c.
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.
I952 Power to impose other conditions with consent of Secretary of State.
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 .
53 Meaning of relevant disposal.
F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 Meaning of exempt disposal.
F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55 Cessation of conditions on repayment of grant, &c.
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.
F1052
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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,
F106b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
section 26 of the M6Universities and College Estates Act 1925,
include the making of payments under this section.
Supplementary provisions
56 Provisions relating to death of applicant.
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.
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).
F1072
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 F162caravan, the person who is—
i
ii
entitled to dispose of the qualifying houseboat or F162caravan, or
b
in any other case, the person who has an owner’s interest.
3
F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58 Minor definitions: Chapter I.
In this Chapter—
F164“caravan”—
- a
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); and
- b
includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
- a
“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 F165caravan;
F112“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;
- a
F166...
59.
In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
F113. . . | F113. . . |
F113. . . | F113. . . |
F167caravan | section 58 |
certified date | section 44(3)(b) |
common parts | section 58 |
common parts application (in relation to a F114. . . grant) | section 58 |
F113. . . | F113. . . |
F113. . . | F113. . . |
F113. . . | F113. . . |
F113. . . | F113. . . |
disabled occupant | section 20 |
disabled person | section 100(1) to (3) |
dwelling | section 101 |
F113. . . | F113. . . |
eligible works | section 34(2)(a) |
estimated expense | section 34(2) |
F113. . . | F113. . . |
fit for human habitation | section 97(1) |
flat | section 58 |
grant F115. . . | section 1(6) |
grant condition | section 44(1) |
grant condition period | section 44(3)(a) |
F113. . . | F113. . . |
F113. . . | F113. . . |
housing action trust | section 101 |
F113. . . | F113. . . |
introductory tenant | section 101 |
F113. . . | |
F113. . . | F113. . . |
F113. . . | F113. . . |
local authority | section 101 |
local housing authority | section 101 |
F113. . . | F113. . . |
member of family | section 98(1) |
new town corporation | section 101 |
F116occupier’s application | section 19(1) and (2) |
F113. . . | F113. . . |
owner | sections 99 and 101 |
F113. . . | F113. . . |
owner’s application | |
F117. . . | F117. . . |
–in relation to a F117. . . grant | section 19(1) and (2) |
owner’s certificate (in relation to an application for a F118. . . grant) | section 21(2) |
owner’s interest | section 101 |
F113. . . | F113. . . |
F113. . . | F113. . . |
preliminary or ancillary services and charges | section 2(3) |
F119premises | section 58 |
prescribed | section 101 |
F120qualifying houseboat | section 58 |
qualifying owner’s interest | |
F121. . . | F121. . . |
–in relation to an application for a F121. . . grant | section 19(4) |
F121. . . | F121. . . |
F168. . . | F168. . . |
qualifying tenant | |
F122. . . | F122. . . |
–in relation to an application for a F122. . . grant | section 19(4) |
F113. . . | F113. . . |
F113. . . | F113. . . |
F113. . . | F113. . . |
relevant works (in relation to a grant application) | section 2(2)(a) |
F113. . . | F113. . . |
F113. . . | F113. . . |
F123. . . secure tenant | section 101 |
social services authority | section 100(4) |
F124. . . statutory tenant | section 101 |
tenancy and tenant (generally) | section 101 |
tenant (and expressions relating to tenancies) | |
F125. . . | F125. . . |
F125. . . | F125. . . |
F125. . . | F125. . . |
–in the context of an application for F125. . . grant | section 19(5) |
tenant’s application | |
F126. . . | F126. . . |
–in relation to a F126. . . grant | section 19(1) and (2) |
F113. . . | F113. . . |
tenant’s certificate | |
F127. . . | F127. . . |
–for the purposes of an application for a F127. . . grant | section 22(2) |
urban development corporation | section 101 |
F128F128Chapter II
Pt. 1 Ch. 2 (ss. 60-75) 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. 27, Sch. 6 (with art. 11(2))
Introductory
60 Group repair schemes.
1
A local housing authority may prepare a scheme (a “group repair scheme”) for the carrying out of works—
a
to put in reasonable repair the exterior of the buildings to which the scheme relates, or
b
to render the buildings to which the scheme relates structurally stable,
or for both those purposes.
2
For the purposes of this Chapter “building” includes the whole or part of a terrace of houses or other units.
3
The scheme must satisfy the requirements of sections 61 and 62 as to the buildings to which it relates and the works specified in it.
I1561 Qualifying buildings.
1
The buildings to which a group repair scheme relates must be qualifying buildings.
2
A building is a qualifying building if at the time the scheme is prepared it satisfies the conditions prescribed for qualifying buildings in relation to a group repair scheme.
3
A group repair scheme must relate to at least one qualifying building which at the time the scheme is prepared satisfies the conditions prescribed for a primary building in relation to a group repair scheme.
4
Each of the other qualifying buildings to which a group repair scheme relates must satisfy the conditions prescribed for an additional building in relation to a group repair scheme.
62 Scheme works.
1
The works specified in a group repair scheme (“scheme works”) must be works of the following descriptions.
2
In the case of works to put in reasonable repair the exterior of the buildings to which the scheme relates, the works must be—
a
works to the exterior of the buildings to which the scheme relates, or
b
so far only as may be necessary to give satisfactory effect to such works, additional works to other parts of the buildings,
and must be such that on completion of the works the exterior of the buildings will be in reasonable repair.
3
In the case of works to render the buildings to which the scheme relates structurally stable, the works must be—
a
works to the structure or to the foundations of the buildings to which the scheme relates, or
b
other works necessary to give satisfactory effect to such works,
and must be such that on completion of the works the buildings will be structurally stable.
4
For the purposes of this Chapter the exterior of a building means—
a
any part of the building which is exposed to the elements of wind and rain or otherwise faces into the open air (including, in particular, roofs, chimneys, walls, doors, windows, rainwater goods and external pipework), and
b
the curtilage of the building, including any wall within the curtilage which is constructed as a retaining wall or otherwise to protect the structure of the building.
5
In relation to works to the curtilage of a building the reference in subsection (2)(b) to additional works to other parts of the building includes additional works on land outside the curtilage.
6
For the purposes of this Chapter the exterior of a building shall not be regarded as in reasonable repair unless it is substantially free from rising or penetrating damp.
I1663 Approval of scheme by Secretary of State.
1
If a group repair scheme prepared by a local housing authority is approved by the Secretary of State, the authority may, with the consent of the persons participating in the scheme, enter into agreements to secure the carrying out of the works specified in the scheme.
2
The approval of the Secretary of State may be given either to a specific scheme or generally to schemes which fulfil such criteria as he may from time to time specify.
3
Different criteria may be specified for different types of scheme and for different areas.
4
The approval of a scheme may be made conditional upon compliance with requirements specified by the Secretary of State.
Participation in group repair scheme
I1764 Persons eligible to participate in group repair scheme.
1
A person is eligible to participate in a group repair scheme if at the date of the approval of the scheme—
a
he has an owner’s interest in a dwelling or other premises comprised in a building to which the scheme relates, and
b
as respects the dwelling or other premises in which he has an owner’s interest he either—
i
is able to give possession of any part of the building to which scheme works are proposed to be carried out, or
ii
has the consent of the occupier of that part to the carrying out of those works.
In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the scheme fulfils the criteria for general approval.
2
A person eligible to participate in a group repair scheme may participate as an assisted participant—
a
if the owner’s interest which he has is an interest in a dwelling and he gives an owner-occupation certificate or a certificate of intended letting, or
b
if the owner’s interest which he has is an interest in a house in multiple occupation and he gives a certificate of future occupation.
This is subject to the exceptions specified in subsection (7) or by order under that subsection.
3
An “owner-occupation certificate” certifies that the person concerned—
a
has an owner’s interest in the dwelling, and
b
intends that throughout the protected period he, or a member of his family, will live in the dwelling, as his (or that member’s) only or main residence.
4
A “certificate of intended letting” certifies that the person concerned—
a
has an owner’s interest in the dwelling, and
b
intends that throughout the protected period the dwelling will be let or available for letting as a residence and not for a holiday to someone other than a member of his family.
In paragraph (b) “letting” does not include a letting on a long tenancy.
5
In subsection (4) references to letting include the grant of a licence to occupy premises.
References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.
6
A “certificate of future occupation” certifies that the person concerned—
a
has an owner’s interest in the house, and
b
intends that throughout the protected period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.
In paragraph (b) “residential occupation” does not include occupation for a holiday, and “tenancies” does not include a long tenancy.
7
The following may not participate in a group repair scheme as an assisted participant—
a
a local authority;
b
a new town corporation;
F141c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
f
a housing action trust;
g
a registered social landlord;
h
any other authority, body or other person excluded by order of the Secretary of State.
8
An order under subsection (7)(h) 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.
9
A person eligible to participate in a group repair scheme who is unable to participate as an assisted participant may participate as an unassisted participant.
65 Scheme consent and restriction on works.
1
The persons who are eligible to participate in a group repair scheme do so by signifying consent (“scheme consent”), in accordance with the terms of the scheme, to the proposals to carry out the works specified in the scheme.
2
No scheme works shall be carried out to a part of a building which consists of premises in respect of which no person eligible to participate has signified scheme consent, except as mentioned below.
3
The restriction in subsection (2) does not apply to works carried out to premises in respect of which there is no person (or no ascertainable person) eligible to participate in the scheme.
4
The restriction in subsection (2) does not apply to works—
a
which are carried out to premises in respect of which the person eligible to participate consents to their being carried out but has not signified scheme consent (and, accordingly, is not liable to contribute), and
b
which it is necessary to carry out in order satisfactorily to carry out any works specified in the scheme to another part of the same building in respect of which a person eligible to participate has signified scheme consent.
66 Certificate of completion date.
1
When the works specified in a group repair scheme are completed, the local housing authority shall send to each assisted participant a certificate specifying the date on which the works were completed to the authority’s satisfaction.
2
In this Chapter that date is referred to as “the completion date”.
I1867 Contributions by participants.
1
The participants in a group repair scheme are liable to contribute to the cost, as notified to them under the scheme, of scheme works relating to the premises in which they have an interest, at a rate determined in accordance with this section.
2
The cost of the works shall be apportioned between the several buildings and premises in such way as may be agreed between the participants with owner’s interests in them or, in default of agreement, equally.
3
In the case of an unassisted participant, the rate of contribution is 100 per cent.
4
In the case of an assisted participant whose owner’s interest is in premises other than a dwelling or house in multiple occupation, the rate of contribution is—
a
25 per cent. where the building is in a renewal area, and
b
50 per cent. in any other case.
The Secretary of State may by order amend paragraph (a) or (b) so as to specify a different percentage.
5
In the case of any other assisted participant, the rate of contribution is a percentage determined by the local housing authority not exceeding that which would apply under subsection (4).
6
In making their determination the authority shall have regard to the way in which—
a
section 30 (means-testing in case of application by owner-occupier or tenant), or
b
section 31 (determination of amount of grant in case of landlord’s application),
would apply if he were an applicant for a renovation grant or, as the case may require, an HMO grant.
7
They shall also have regard to any guidance given by the Secretary of State for the purposes of this section.
Different guidance may be given for different cases, different descriptions of cases and different areas and, in particular, with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).
Variation of group repair scheme
I1968 Variation of group repair scheme.
1
A group repair scheme may be varied at any time before the completion date.
The variation may relate to the participants in the scheme, the buildings to which the scheme relates, the scheme works or any other matter.
2
A variation is not effective unless approved by the Secretary of State.
The provisions of section 63(2) to (4) (supplementary provisions as to approval of scheme) apply to approval of a variation.
3
Where a scheme is varied to enable other persons to participate, section 64 (persons eligible to participate) applies in relation to new participants with the substitution for the reference to the date of approval of the scheme of a reference to the date of approval of the variation.
In the case of a variation not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the variation fulfils the criteria for general approval.
4
Before varying a group repair scheme the local housing authority shall consult the existing participants and consider any representations made by them.
5
Fresh scheme consent is required in the case of an existing participant as to whom the authority are satisfied that his interests are adversely affected by the variation.
In any other case the existing scheme consent shall be treated as extended to the scheme as varied.
Conditions of participation
69 Conditions of participation: general.
1
The following sections have effect with respect to the conditions of participation in a group repair scheme as an assisted participant.
2
Except as otherwise provided those conditions have effect for the period of five years, or such other period as may be prescribed, beginning with the completion date.
That period is referred to in this Chapter as “the protected period”.
3
For the purposes of those conditions the “balance of the cost” is the difference between—
a
the cost as notified to the participant under the scheme of such of the works specified in the scheme as relate to the premises in which his owner’s interest subsisted, and
b
the amount of the contribution in respect of that cost paid by him by virtue of section 67.
70 Condition as to payment of balance of cost on disposal.
1
It is a condition of participation in a group repair scheme as an assisted participant that if, at any time after signifying scheme consent and before the end of the protected period, he makes a relevant disposal (other than an exempt disposal) of the premises in which he had an owner’s interest at the date of the approval of the scheme, he shall pay to the local housing authority on demand the balance of the cost.
2
The condition under this section is a local land charge and is binding on any person who is for the time being an owner of the premises concerned.
3
Where the authority have the right to demand payment of an amount as mentioned in subsection (1), they may determine not to demand payment or to demand a lesser amount.
4
The condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises that is an exempt disposal, other than—
a
a disposal within section 54(1)(a) (disposal to associates of person making disposal), or
b
a disposal within section 54(1)(b) (vesting under will or on intestacy).
71 Conditions as to occupation.
1
It is a condition of participation in a group repair scheme as an assisted participant—
a
where the participant gave an owner-occupation certificate, that throughout the protected period the dwelling is occupied in accordance with the intention stated in the certificate;
b
where the participant gave a certificate of intended letting, that throughout the protected period the dwelling is let or available for letting in accordance with the intention stated in the certificate; and
c
where the participant gave a certificate of future occupation, that throughout the protected period the house is residentially occupied, or available for residential occupation, in accordance with the intention stated in the certificate.
2
It is also a condition of participation as an assisted participant that if at any time when any of the above conditions is in force the authority serve notice on the owner of the dwelling or house requiring him to do so, he will within the period of 21 days beginning with the date on which the notice was served furnish to the authority a statement showing how that condition is being fulfilled.
3
A condition under this section is a local land charge and is binding on any person who is for the time being an owner of the dwelling or house.
4
In the event of a breach of a condition under this section, the owner for the time being of the dwelling or house shall pay to the local housing authority on demand the balance of the cost.
5
The local housing authority may determine not to make such a demand or may demand a lesser amount.
6
Any condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises which is an exempt disposal other than a disposal within section 54(1)(a) (disposal to associates of person making disposal).
72 Meaning of relevant disposal and exempt disposal.
Sections 53 and 54 (meaning of “relevant disposal” and “exempt disposal”) apply for the purposes of this Chapter.
73 Payment of balance of cost, &c: cessation of conditions.
1
If at any time while a condition of participation under section 70 or 71 remains in force—
a
the assisted participant pays the balance of the cost to the local housing authority,
b
a mortgagee of the interest of the assisted participant in the premises being a mortgagee entitled to exercise a power of sale, makes such a payment,
c
the authority determine not to demand payment on the breach of a condition of participation, or
d
the authority demand payment in whole or in part on the breach of a condition of participation and that demand is satisfied,
that condition and any other conditions of participation shall cease to be in force with respect to the premises of that assisted participant.
2
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.
3
The purposes authorised for the application of capital money by—
a
section 73 of the M30Settled Land Act 1925,
F146b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
section 26 of the M31Universities and College Estates Act 1925,
include the making of payments under this section.
Supplementary provisions
74 Power of Secretary of State to modify operation of Chapter.
1
If the Secretary of State so directs in the case of any scheme or any description of scheme, such of the preceding provisions of this Chapter as are specified in the direction shall not apply in relation to that scheme or, as the case may be, in relation to a scheme of that description.
2
The power under this section to give directions may be so exercised as to make different provision with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).
75 Index of defined expressions: Chapter II.
In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
assisted participant | section 64(2) and (7) |
balance of the cost (in relation to conditions of participation) | section 69(3) |
building | section 60(2) |
certificate of future occupation | section 64(6) |
certificate of intended letting | section 64(4) |
completion date | section 66(2) |
connected (with the owner of a dwelling) | section 98(2) |
dwelling | section 101 |
eligible to participate | section 64(1) |
exempt disposal | section 72 (and section 54) |
group repair scheme | section 60(1) |
house in multiple occupation | section 101 |
housing action trust | section 101 |
local authority | section 101 |
local housing authority | section 101 |
long tenancy | section 101 |
member of family | section 98(1) |
new town corporation | section 101 |
owner | sections 99 and 101 |
owner-occupation certificate | section 64(3) |
owner’s interest | section 101 |
prescribed | section 101 |
protected period (in relation to conditions of participation) | section 69(2) |
reasonable repair | section 96 |
registered social landlord | section 101 |
relevant disposal | section 72 (and section 53) |
renewal area | section 101 |
scheme consent | section 65(1) |
scheme works | section 62 |
tenancy and tenant (generally) | section 101 |
tenant and related expressions (in the context of a certificate of intended letting) | section 64(5) |
unassisted participant | section 64(9) |
F129F129Chapter III
Pt. 1 Ch. 3 (ss. 76-80) 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. 27, Sch. 6 (with art. 11(2))
I2076 Home repair assistance.
1
A local housing authority may, on application being made to them, give assistance under this Chapter (“home repair assistance”) in the form of a grant or the provision of materials for the carrying out of works of repair, improvement or adaptation to a dwelling.
2
The Secretary of State may by order make provision as to the total amount or value of home repair assistance that may be given—
a
on any one application, or
b
in respect of the same dwelling in any period of three years.
3
Home repair assistance shall not be given in respect of works—
a
for which a grant under Chapter I has been approved or in respect of which an application for a grant is pending, or
b
which are specified in a group repair scheme approved under Chapter II or prepared and awaiting the approval of the Secretary of State.
77 Entitlement to home repair assistance.
1
Subject to the following provisions of this section, a local housing authority shall not entertain an application for home repair assistance unless they are satisfied—
a
that the applicant is aged 18 or over on the date of the application,
b
that he lives in the dwelling as his only or main residence,
c
that he has an owner’s interest in the dwelling, or is a tenant of the dwelling, alone or jointly with others,
d
that he has a duty or power to carry out the works in question, and
2
In the case of an application in respect of works to adapt a dwelling to enable an elderly, disabled or infirm person to be cared for, the condition in subsection (1)(b) shall be treated as met if the elderly, disabled or infirm person (whether or not the applicant) lives or proposes to live in the dwelling as his only or main residence.
3
For the purposes of the condition in subsection (1)(c) “tenant” includes—
a
a secure tenant or statutory tenant,
b
c
an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties;
but does not include a tenant of an authority or body mentioned in section 3(2) (authorities and bodies not eligible to apply for grants under Chapter I).
4
An application may be made by a person who does not satisfy the condition in subsection (1)(c) but who occupies the dwelling under a right of exclusive occupation granted for his life or for a period of more than five years.
But except in the case of—
a
works to adapt a dwelling to enable an elderly, disabled or infirm person, who lives or proposes to live in the dwelling as his only or main residence, to be cared for,
b
works relating to means of escape from fire or other fire precautions, or
c
any works to a dwelling in a renewal area,
the local housing authority shall not entertain an application made by virtue of this subsection unless they are satisfied that the applicant has occupied the dwelling as his only or main residence for a period of at least three years immediately preceding the date of the application.
5
The condition in subsection (1)(e) does not apply—
a
to an applicant who is elderly, disabled or infirm, or
b
to an application in respect of works to adapt a dwelling to enable an elderly, disabled or infirm person, who lives or proposes to live in the dwelling, to be cared for.
78 Assistance in respect of house-boats and mobile homes.
1
Subject to the following provisions of this section, sections 76 and 77 (home repair assistance) apply in relation to a house-boat or mobile home as in relation to a dwelling.
2
For the purposes of those sections as they apply in relation to a house-boat or mobile home, any person lawfully in occupation of the house-boat or mobile home shall be treated as a person with an owner’s interest in or a tenant of a dwelling.
But except in the case of—
a
works to adapt a house-boat or mobile home to enable an elderly, disabled or infirm person, who lives or proposes to live there as his only or main residence, to be cared for, or
b
works relating to means of escape from fire or other fire precautions,
the local housing authority shall not entertain an application for home repair assistance unless the residence requirement is met.
3
The residence requirement in the case of a house-boat is that the local housing authority are satisfied that—
a
the applicant has occupied the boat as his only or main residence for a period of at least three years immediately preceding the date of the application;
b
the boat has for that period had its only or main mooring in the same locality on an inland waterway or in marine waters within the boundary of the authority; and
c
the applicant had a right to moor his boat there.
4
The residence requirement in the case of a mobile home is that the local housing authority are satisfied that—
a
the applicant has occupied the mobile home as his only or main residence for a period of at least three years immediately preceding the date of the application;
b
the mobile home has for that period been on land forming part of the same protected site within the meaning of the M34Mobile Homes Act 1983; and
c
the applicant occupied it under an agreement to which that Act applies or under a gratuitous licence.
5
In this section—
“house-boat” means a boat or similar structure designed or adapted for use as a place of permanent habitation, and
“mobile home” means a caravan within the meaning of Part I of the M35Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M36Caravan Sites Act 1968),
which is a dwelling for the purposes of Part I of the M37Local Government Finance Act 1992 (council tax).
79 Power to make further provision by regulations.
1
The Secretary of State may by regulations make provision as to—
a
the manner of making an application for home repair assistance and the contents of such an application;
b
the procedure for dealing with applications for home repair assistance and for ensuring that works are carried out to any standard specified in the regulations;
c
the way in which the amount of home repair assistance to be given on any application is to be determined; and
d
the taking into account (in such manner and to such extent as may be prescribed) of the financial circumstances of the applicant.
2
The Secretary of State may by regulations make provision extending or restricting the availability of home repair assistance, by reference to such description of persons, circumstances or other factors as the Secretary of State thinks fit.
3
Regulations under subsection (2) 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.
80 Index of defined expressions: Chapter III.
In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
disabled person | section 100(1) to (3) |
dwelling | section 101 |
elderly | section 101 |
home repair assistance | section 76(1) |
improvement | section 101 |
local housing authority | section 101 |
owner’s interest | section 101 |
partner | section 101 |
prescribed | section 101 |
renewal area | section 101 |
secure tenant | section 101 |
statutory tenant | section 101 |
tenancy and tenant (generally) | section 101 |
Chapter IV Deferred action notices, &c.
Deferred action notices
81 Deferred action notices.
1
If the local housing authority are satisfied that a dwelling-house or house in multiple occupation is unfit for human habitation, but are satisfied that serving a deferred action notice is the most satisfactory course of action, they shall serve such a notice.
2
A deferred action notice is a notice—
a
stating that the premises are unfit for human habitation,
b
specifying the works which, in the opinion of the authority, are required to make the premises fit for human habitation, and
c
stating the other courses of action which are available to the authority if the premises remain unfit for human habitation.
3
The notice becomes operative, if no appeal is brought, on the expiry of 21 days from the date of the service of the notice and is final and conclusive as to matters which could have been raised on an appeal.
4
A deferred action notice which has become operative is a local land charge so long as it remains operative.
5
The fact that a deferred action notice has been served does not prevent the local housing authority from taking any other course of action in relation to the premises at any time.
82 Service of deferred action notices.
1
The local housing authority shall serve a deferred action notice—
a
in the case of a notice relating to a dwelling-house, on the person having control of the dwelling-house as defined in section 207 of the M7Housing Act 1985;
b
in the case of a notice relating to a house in multiple occupation, on the person having control of the house as defined in section 398 of that Act.
2
Where the authority are satisfied that a dwelling-house which is a flat, or a flat in multiple occupation, is unfit for human habitation by virtue of section 604(2) of the Housing Act 1985, they shall also serve the notice on the person having control (as defined in section 207 of that Act) of the building or part of the building in question.
3
In the case of a house in multiple occupation, the authority may serve the notice on the person managing the house instead of the person having control of the house.
4
Where the authority serve a notice under subsection (1), (2) or (3)—
a
they shall also serve a copy of the notice on any other person having an interest in the premises concerned, whether as freeholder, mortgagee or lessee (within the meaning of Part VI of the Housing Act 1985), and
b
they may serve a copy of the notice on any person having a licence to occupy the premises.
5
Section 617 of the Housing Act 1985 (service of notices) applies for the purpose of this section as it applies for the purpose of that Act.
83 Appeals against deferred action notices.
1
A person aggrieved by a deferred action notice may within 21 days after the service of the notice appeal to the county court.
C22
Without prejudice to the generality of subsection (1), it is a ground of appeal that serving a notice under section 189 of the Housing Act 1985, or making a closing order under section 264 of that Act or a demolition order under section 265 of that Act, is a more satisfactory course of action.
3
Where the grounds on which an appeal is brought are or include that specified in subsection (2), the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A of the M8Housing Act 1985 or section 85 of this Act.
4
On an appeal the court may make such order either confirming, quashing or varying the notice as it thinks fit.
5
Where the appeal is allowed and the reason or one of the reasons for allowing the appeal is that serving a notice under section 189 of that Act or making a closing order under section 264 of that Act or a demolition order under section 265 of that Act is a more satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgment a finding to that effect.
6
If an appeal is brought, the deferred action notice does not become operative until—
a
a decision on the appeal confirming the notice (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
b
if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the notice (with or without variation);
and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.
84 Review of deferred action notices.
1
The local housing authority may at any time review any deferred action notice served by them, and they shall do so not later than two years after the notice becomes operative and at intervals of not more than two years thereafter.
The Secretary of State may by order amend this subsection so as to specify such other period or periods as he considers appropriate.
2
The authority shall for the purposes of any such review inspect the premises concerned.
For this purpose sections 197 (powers of entry) and 198 (penalty for obstruction) of the Housing Act 1985 apply as they apply for the purposes of Part VI of that Act.
3
If the authority are satisfied that the deferred action notice remains the most satisfactory course of action, they shall renew the notice and serve notice of their decision.
4
The provisions of section 82 (service of deferred action notice) and section 83(1) to (5) (appeals against deferred action notices) apply in relation to the authority’s decision to renew a deferred action notice as in relation to the original notice.
5
If an appeal is brought against the decision to renew a deferred action notice, the notice remains operative until any decision on the appeal, or any further appeal, quashing or varying the notice.
6
If the authority take action in relation to the premises under any of the provisions listed in section 604A(1) of the Housing Act 1985, the deferred action notice shall cease to be operative on the relevant notice, order or declaration becoming operative.
I1085 Guidance by Secretary of State.
1
In deciding for the purposes of section 81 (deferred action notices) or section 84 (review of deferred action notices) what is the most satisfactory course of action in relation to any premises, the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State.
2
The provisions of section 604A(2) to (4) of the M9Housing Act 1985 (supplementary provisions as to guidance) apply in relation to such guidance.
Power to improve enforcement procedures
86 Unfitness for human habitation &c.: power to improve enforcement procedures.
1
The Secretary of State may by order provide that a local housing authority shall act as specified in the order before taking action of any of the following kinds—
a
serving a deferred action notice under section 81 or renewing such a notice under section 84;
b
serving a notice under section 189 of the Housing Act 1985 (repair notice in respect of house which unfit for human habitation);
c
serving a notice under section 190 of that Act (repair notice in respect of house in state of disrepair but not unfit for human habitation);
d
making a closing order under section 264 of that Act;
e
making a demolition order under section 265 of that Act.
2
An order under this section may provide that the authority—
a
shall as soon as practicable give to the person against whom action is intended a written notice which satisfies the requirements of subsection (3); and
b
shall not take any action against him until after the end of such period beginning with the giving of the notice as may be determined by or under the order.
3
A notice satisfies the requirements of this subsection if it—
a
states the nature of the remedial action which in the authority’s opinion should be taken, and explains why and within what period;
b
explains the grounds on which it appears to the authority that action might be taken as mentioned in subsection (1); and
c
states the nature of the action which could be taken and states whether there is a right to make representations before, or a right of appeal against, the taking of such action.
4
An order under this section may also provide that, before the authority takes any action against any person, they—
a
shall give to that person a written notice stating—
i
that they are considering taking the action and the reasons why they are considering it; and
ii
that the person may, within a period specified in the notice, make written representations to them or, if the person so requests, make oral representations to them in the presence of a person determined by or under the order; and
b
shall consider any representations which are duly made and not withdrawn.
5
An order under this section may in particular—
a
make provision as to the consequences of any failure to comply with a provision made by the order;
b
contain provisions (including provisions modifying enactments relating to the periods within which proceedings must be brought) which are consequential upon, or supplemental or incidental to, the provisions made by the order.
6
Nothing in any order made under this section shall—
a
preclude a local housing authority from taking immediate action against any person, or from requiring any person to take immediate remedial action to avoid action being taken against him, in any case where it appears to them to be necessary to take such action or impose such a requirement; or
b
require such an authority to disclose any information the disclosure of which would be contrary to the public interest.
Power to charge for enforcement action
I1187 Unfitness for human habitation, &c.: power to charge for enforcement action.
1
A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering certain administrative and other expenses incurred by them in taking action of any of the following kinds—
a
serving a deferred action notice under section 81 or deciding to renew such a notice under section 84;
b
serving a notice under section 189 of the M10Housing Act 1985 (repair notice in respect of house which unfit for human habitation);
c
serving a notice under section 190 of that Act (repair notice in respect of house in state of disrepair but not unfit for human habitation);
d
making a closing order under section 264 of that Act;
e
making a demolition order under section 265 of that Act.
2
The expenses are, in the case of the service of a notice under section 81 of this Act or section 189 or 190 of the Housing Act 1985, the expenses incurred in—
a
determining whether to serve the notice,
b
identifying the works to be specified in the notice, and
c
serving the notice.
3
The expenses are, in the case of a decision to renew a notice under section 84 of this Act, the expenses incurred in—
a
deciding whether to renew the notice, and
b
serving notice of the authority’s decision.
4
The expenses are, in the case of a closing order under section 264 of the Housing Act 1985 or a demolition order under section 265 of that Act, the expenses incurred in—
a
determining whether to make the order, and
b
serving notice of the order.
5
The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.
6
Where a court allows an appeal against the underlying notice, decision or order mentioned in subsection (1), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under this section made in respect of the notice, decision or order.
88 Recovery of charge for enforcement action.
1
The following provisions have effect with respect to the recovery of a charge under section 87.
2
The charge may be recovered by the authority concerned from—
a
in the case of a notice under section 81 of this Act, or section 189 or 190 of the M11Housing Act 1985, any person on whom the notice is served;
b
in the case of a renewal of a notice under section 84 of this Act, any person on whom notice of the decision to renew the notice is served;
c
in the case of an order under section 264 or 265 of the Housing Act 1985, any person on whom notice of the order is served as an owner of the premises.
3
A demand for payment of the charge shall be served on the person from whom the authority seeks to recover it.
4
The demand becomes operative, if no appeal is brought against the underlying notice, decision or order, on the expiry of the period of 21 days from the service of the demand.
5
The sum recoverable by the authority is, until recovered, a charge on the premises concerned; and—
a
the charge takes effect when the demand becomes operative,
b
the authority have for the purpose of enforcing the charge the same powers and remedies under the M12Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver, and
c
the power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.
Supplementary provisions
89 Power to prescribe forms.
The Secretary of State may by regulations prescribe the form of and the particulars to be contained in—
a
a deferred action notice, or a notice of an authority’s decision to renew a deferred action notice, or
b
a demand for payment of any charge under section 87 (power to charge for enforcement action).
90 Minor definitions: Chapter IV.
In this Chapter—
a
“dwelling-house”, “flat” and references to the owner of a dwelling-house or flat, have the same meaning as in Part VI of the Housing Act 1985 (repair notices); and
b
“house in multiple occupation”, “flat in multiple occupation” and references to the owner of or person managing such a house or flat, have the same meaning as in Part XI of that Act.
91 Index of defined expressions: Chapter IV.
In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
deferred action notice | section 81 |
dwelling-house | section 90(a) |
flat | section 90(a) |
flat in multiple occupation | section 90(b) |
house in multiple occupation | section 90(b) |
local housing authority | section 101 |
owner | |
–in relation to a dwelling-house or flat | section 90(a) |
–in relation to a house or flat in multiple occupation | section 90(b) |
person managing (a house or flat in multiple occupation) | section 90(b) |
prescribed | section 101 |
unfit for human habitation | section 97 |
Chapter V Supplementary provisions
Contributions by Secretary of State
I1292 Contributions by the Secretary of State.
1
The Secretary of State may pay contributions to local housing authorities towards such expenditure incurred by them under this Part as he may determine.
2
The rate or rates of the contributions, the calculation of the expenditure to which they relate and the manner of their payment shall be such as may be determined by the Secretary of State with the consent of the Treasury.
3
A determination under subsection (1) or (2)—
a
may be made generally or with respect to a particular local housing authority or description of authority, including a description framed by reference to authorities in a particular area, and
b
may make different provision in relation to different cases or descriptions of case.
4
Contributions under this section shall be payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
5
If, before the declaration of a renewal area, a local housing authority are satisfied that the rate of contributions which, in accordance with a determination under subsection (2), would otherwise be applicable to the authority will not be adequate, bearing in mind the action they propose to take with regard to the area, they may, before making the declaration, apply to the Secretary of State for contributions at a higher rate in respect of that area.
6
An application under subsection (5) shall be made in such form and shall contain such particulars as the Secretary of State may determine; and, if such an application is made, the authority shall not declare the area concerned to be a renewal area until the application is approved, refused or withdrawn.
7
If an application under subsection (5) is approved, the Secretary of State may pay contributions under subsection (1) in respect of the area concerned at such higher rate as he may determine under subsection (2).
93 Recovery of contributions.
1
Where the Secretary of State has paid contributions under section 92 to a local housing authority, he may recover from the authority such amount as he determines to be appropriate in respect of repayments of grant under this Part.
2
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The amount shall be calculated by reference to the amount appearing to the Secretary of State to represent his contribution to—
a
grants in respect of which repayments have been made to the authority, or
b
grants in respect of which repayments could have been recovered if reasonable steps had been taken by the authority,
together with an appropriate percentage of any interest received by the authority, or which would have been received if reasonable steps had been taken by the authority.
4
The question what steps it would have been reasonable for the authority to take shall be determined by the Secretary of State.
In determining whether the authority took reasonable steps, the Secretary of State may consider whether the authority properly exercised its discretion not to demand repayment of grant or to demand payment of a lesser sum.
Consent of the Secretary of State
94 Consent of the Secretary of State.
The consent of the Secretary of State for the purposes of—
a
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
section 34(6)(b), 44(3)(a), 51 or 52 (conditions imposed with consent of Secretary of State),
may be given either generally or in relation to any one or more specified authorities or descriptions of authority or in relation to particular cases or descriptions of case.
Parsonages, charities, &c.
95 Parsonages, charities, &c.
1
F132Sections 19 and 21 to 22A (conditions for application for grant) do not apply to—
a
an application for a grant in respect of glebe land or the residence house of an ecclesiastical benefice, or
b
an application for a grant made by a charity or on behalf of a charity by the charity trustees of the charity.
2
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In considering under section 31 the amount (if any) of the grant where the applicant is a charity or the application is in respect of glebe land, the local housing authority shall have regard, in addition to the matters mentioned in that section, to any obligation or practice on the part of the applicant to let dwellings at a rent less than that which could be obtained on the open market.
4
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section “charity” does not include a registered social landlord but otherwise has the same meaning as in the M13Charities Act 1993.
Interpretation
F13496 Meaning of “reasonable repair”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97 Fitness for human habitation.
1
Section 604 of the M14Housing Act 1985 (fitness for human habitation) applies for the purposes of this Part as it applies for the purposes of that Act.
2
In deciding whether they are satisfied that the carrying out of the relevant works is the most satisfactory course of action in a case where the house or dwelling concerned is unfit for human habitation, the local housing authority shall have regard to any guidance given under section 604A of the Housing Act 1985 and section 85 of this Act.
For that purpose the authority shall treat any guidance given in respect of the serving of a repair notice under section 189(1) of the Housing Act 1985 as guidance given in respect of the completion of the relevant works.
98 Members of a person’s family and connected persons.
1
Section 113 of the M15Housing 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 this Part.
2
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 Meaning of “owner" of dwelling.
1
In this Part “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 at an annual rate 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.
2
For this purpose 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.
100 Disabled persons.
1
For the purposes of this Part a person is disabled if—
a
his sight, hearing or speech is substantially impaired,
b
he has a mental disorder or impairment of any kind, or
c
he is physically substantially disabled by illness, injury, impairment present since birth, or otherwise.
2
A person aged eighteen or over shall be taken for the purposes of this Part to be disabled if—
a
he is registered in pursuance of any arrangements made under section 29(1) of the M16National Assistance Act 1948 (disabled persons’ welfare), or
b
he is a person for whose welfare arrangements have been made under that provision or, in the opinion of the social services authority, might be made under it.
3
A person under the age of eighteen shall be taken for the purposes of this Part to be disabled if—
a
he is registered in a register of disabled children maintained under paragraph 2 of Schedule 2 to the M17Children Act 1989, or
b
he is in the opinion of the social services authority a disabled child as defined for the purposes of Part III of the M18Children Act 1989 (local authority support for children and their families).
4
In this Part the “social services authority” means the council which is the local authority for the purposes of the M19Local Authority Social Services Act 1970 for the area in which the dwelling or building is situated.
5
Nothing in subsection (1) above shall be construed as affecting the persons who are to be regarded as disabled under section 29(1) of the M20National Assistance Act 1948 or section 17(11) of the Children Act 1989 (which define disabled persons for the purposes of the statutory provisions mentioned in subsections (2) to (4) above).
I13101 Minor definitions: Part I.
In this Part—
“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;
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“housing action trust” means a housing action trust established under Part III of the M21Housing Act 1988 and includes any body established by order under section 88 of the Housing Act 1988;
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“introductory tenancy” and “introductory tenant” have the same meaning as in Chapter I of Part V of the M22Housing Act 1996;
“local authority” and “local housing authority” have the same meaning as in the M23Housing Act 1985;
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“new town corporation” has the same meaning as in the Housing Act 1985 and includes any body established by order under paragraph 7 of Schedule 9 to the M24New Towns Act 1981;
“owner”, in relation to a dwelling, has the meaning given by section 99 F137. . . ;
“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;
- a
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prescribed” means prescribed by regulations made by the Secretary of State;
“registered social landlord” has the same meaning as in Part I of the Housing Act 1996;
“renewal area” has the same meaning as in Part VII of the Local Government and Housing Act 1989;
F138“secure tenant” has the same meaning as in Part IV of the M25Housing Act 1985;
F139“statutory tenant” means a statutory tenant within the meaning of the M26Rent Act 1977 or the M27Rent (Agriculture) Act 1976;
“tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;
“tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;
“urban development corporation” has the same meaning as in the Housing Act 1985 and includes any body established by order under section 165B of the M28Local Government, Planning and Land Act 1980.
Transitional and consequential provisions
I14102 Transitional provisions.
1
2
Subject as follows, the provisions of that Part continue to apply to applications for grant of the descriptions mentioned in section 101 of that Act made before the commencement of this Part.
3
Sections 112 and 113 of that Act (which require a local housing authority to approve certain grant applications) do not apply to an application under that Part made after 2nd February 1996 which has not been approved or refused before the commencement of this Part, unless—
a
the six month period under section 116(1) of that Act (period within which applicant to be notified of decision) has elapsed before commencement, or
b
the works were begun on or before 2nd February 1996—
i
in an emergency, or
ii
in order to comply with a notice under section 189, 190 or 352 of the Housing Act 1985.
4
An application to which section 112 or 113 of the Local Government and Housing Act 1989 would have applied but for subsection (3) above shall be dealt with after the commencement of this Part as if those sections were omitted from Part VIII of that Act.
5
The above provisions do not affect the power conferred by section 150(4) to make transitional provision and savings in relation to the commencement of this Part, including provision supplementary or incidental to the above provisions.
Supplementary and incidental provision may, in particular, be made adapting the provisions of Part VIII of that Act in the case of applications to which section 112 or 113 would have applied but for the above provisions.
103 Consequential amendments: Part I.
The enactments mentioned in Schedule 1 have effect with the amendments specified there which are consequential on the provisions of this Part.
Pt. I Ch. I (ss. 1-59) excluded (17.12.1996) by S.I. 1996/2890, reg. 3(1)