Part I Grants, &c. for renewal of private sector housing

C1Chapter I The main grants

Annotations:
Modifications etc. (not altering text)
C1

Pt. I Ch. I (ss. 1-59) excluded (17.12.1996) by S.I. 1996/2890, reg. 3(1)

Grant conditions and repayment

I145 Condition for repayment on disposal: renovation grants.

1

It is a condition of a renovation grant that if an owner of the premises to which the application relates makes a relevant disposal (other than an exempt disposal)—

a

of the whole or part of the premises to which the application relates,

b

after any instalment of grant has been paid, and

c

before the certified date,

he shall repay to the local housing authority on demand the amount of grant that has been paid.

2

It is a condition of a renovation grant that if an owner of the dwelling to which the application relates or, in the case of a conversion application, any dwelling provided by the relevant works, makes a relevant disposal (other than an exempt disposal)—

a

of the whole or part of the dwelling,

b

on or after the certified date, and

c

before the end of the grant condition period,

he shall repay to the local housing authority on demand the amount of grant that has been paid.

In the case of a conversion application the grant shall be treated for this purpose as apportioned equally between the dwellings provided.

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 premises concerned.

4

Where the authority have the right to demand repayment of an amount as mentioned in subsection (1) or (2), they may—

a

if the case falls within subsection (5), or

b

in any other case, with the consent of the Secretary of State,

determine not to demand payment or to demand a lesser amount.

5

The cases referred to in subsection (4)(a) are where the authority are satisfied that the owner of the dwelling—

a

is elderly or infirm and is making the disposal with the intention—

i

of going to live in a hospital, hospice, sheltered housing, residential care home or similar institution as his only or main residence, or

ii

of moving to somewhere where care will be provided by any person; or

b

is making the disposal with the intention of going to live with and care for an elderly or infirm member of his family or his partner’s family.

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 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).