Part 10

Assured tenancy allowances
Chapter 1

Introduction

Assured tenancy allowances
490
1
Allowances are available under this Part if qualifying expenditure has been incurred on a building which consists of or includes a qualifying dwelling-house.
2
A dwelling house is not a qualifying dwelling-house unless—
a
it is let on a tenancy which is for the time being an assured tenancy, or
b
it has been let on an assured tenancy and the conditions in subsection (4) are met.
3
“Assured tenancy” means—
a
an assured tenancy within the meaning of section 56 of the Housing Act 1980 (c. 51), or
b
an assured tenancy (but not an assured shorthold tenancy) for the purposes of the Housing Act 1988 (c. 50).
4
The conditions referred to in subsection (2)(b) are that—
a
the dwelling-house is for the time being subject to a regulated tenancy or a housing association tenancy, and
b
the landlord under the tenancy is an approved body or was an approved body but has ceased to be such for any reason.
5
In subsection (4) “regulated tenancy” and “housing association tenancy” have the same meaning as in the Rent Act 1977 (c. 42).
6
Further requirements that have to be met for a dwelling-house to be a qualifying dwelling-house are given in sections 504 and 505; and subsection (2) is subject to section 506(2)(b) (temporary disuse of dwelling-house ignored).

Allowances available in relation to old expenditure only
491
1
Allowances under this Part are not available unless—
a
the qualifying expenditure was incurred after 9th March 1982 and before 1st April 1992, and
b
if the tenancy is an assured tenancy for the purposes of the Housing Act 1988, expenditure has been incurred which is within subsection (2) or (3).
2
Expenditure is within this subsection if it was incurred by—
a
a company which was an approved body on 15th March 1988, or
b
a person who sold the relevant interest in the building, before any of the dwelling-houses comprised in it were used, to a company which was an approved body on 15th March 1988,
and either it was incurred before 15th March 1988 or it consists of the payment of sums under a contract entered into before that date.
3
Expenditure is within this subsection if it was incurred by a company which—
a
was an approved body on 15th March 1988, and
b
bought or contracted to buy the relevant interest in the building before that date.

Meaning of “approved body”
492
In this Part “approved body” has the meaning given in section 56(4) of the Housing Act 1980 (c. 51).

Expenditure on the construction of a building
493
1
For the purposes of this Part, expenditure on the construction of a building does not include expenditure on the acquisition of land or rights in or over land.
2
This Part has effect in relation to capital expenditure incurred by a person on repairs to a part of a building as if it were capital expenditure on the construction of that part of the building for the first time.
S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7