Office of Public Sector Information
(1) In accordance with this Part, grants are payable by local housing authorities towards the cost of works required—
(a) for the improvement or repair of dwellings, houses in multiple occupation or the common parts of buildings containing one or more flats; and
(b) for the provision of dwellings or houses in multiple occupation by the conversion of a house or other building; and
(c) for the provision of facilities for disabled persons in dwellings and in the common parts of buildings containing one or more flats.
(2) In this Part—
(a) a grant relating to the improvement or repair of a dwelling or to the provision of dwellings by the conversion of a house or other building is referred to as a “renovation grant”; and
(b) a grant relating to the improvement or repair of the common parts of a building is referred to as a “common parts grant”; and
(c) a grant for the provision of facilities for a disabled person in a dwelling or in the common parts of a building containing one or more flats is referred to as a “disabled facilities grant”; and
(d) a grant for the improvement or repair of a house in multiple occupation or for the provision of a house in multiple occupation by the conversion of a house or other building is referred to as an “HMO grant”;
and in the following provisions of this Part the expression “grant”, without more, means any of these types of grant.
(3) No grant is payable under this Part 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;
(e) the Development Board for Rural Wales;
(f) a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985;
(g) a residuary body established by Part VII of that Act; or
(h) an authority established under section 10(1) of that Act (waste disposal).
(4) Expressions used in paragraphs (a) to (d) of subsection (3) above have the meanings assigned by section 4 of the [1985 c. 68.] Housing Act 1985.
(5) The provisions of this Part have effect in place of the provisions of Part XV of the Housing Act 1985 (grants for works of improvement, repair and conversion), other than section 523 thereof (assistance for provision of separate service pipe for water supply), and, without prejudice to the generality of subsection (3) of section 195 below,—
(a) any application made under section 461 of that Act which has not been approved by the local housing authority before the day appointed under section 195 below for the coming into force of this section shall be of no effect on and after that day; and
(b) any application under section 521 of that Act (schemes for grants for thermal insulation) in respect of which the applicant has not been notified before the day so appointed that he may proceed to execute works in accordance with a scheme under that section shall be of no effect on and after that day.
(1) No grant shall be paid unless an application for it is made to the local housing authority concerned in accordance with the provisions of this Part 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 Part 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 Part “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 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 shall not be validly made unless it is in the prescribed form.
(1) A local housing authority may not entertain an application for a grant, other than a disabled facilities grant, unless they are satisfied that, at the date of the application, the dwelling, common parts or house or other building concerned was provided not less than the relevant period before that date.
(2) In subsection (1) above—
(a) “provided” means provided by construction or conversion; and
(b) “the relevant period” means ten years or such other period as the Secretary of State may by order provide.
(1) Subject to subsection (4) and section 136 below, a local housing authority may not entertain an application for a grant, other than a common parts grant, unless they are satisfied that—
(a) 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) in the case of an application for a renovation grant (other than an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building), the applicant is a tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling; or
(c) in the case of an application for a disabled facilities grant in respect of works to a dwelling, the applicant is a tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling; or
(d) in the case of an application for a disabled facilities grant in respect of works to the common parts of a building containing one or more flats, the applicant is a tenant of a flat in the building (alone or jointly with others) but does not have, or propose to acquire, such an owner’s interest as is referred to in paragraph (a) above;
and references in this Part to an “owner’s application” or a “tenant’s application” shall be construed accordingly.
(2) In this Part “owner’s interest” means an interest which—
(a) is held by the applicant alone or jointly with others; and
(b) is either an estate in fee simple absolute in possession or a term of years absolute of which not less than five years remain unexpired at the date of the application.
(3) Where a local housing authority entertain an owner’s application made by a person who proposes to acquire the necessary interest, they shall not approve the application until they are satisfied that he has done so.
(4) In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) above as fulfilled by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned; and directions under this subsection may make different provision with respect to different cases or descriptions of cases, including different provision for different areas.
(5) A local housing authority may not entertain a tenant’s application unless—
(a) the tenant is required by the terms of his tenancy to carry out the relevant works and his tenancy is not of a description excluded from this subsection by an order made by the Secretary of State; or
(b) his tenancy is of a description specified for the purposes of this subsection by an order made by the Secretary of State; or
(c) his application is for a disabled facilities grant.
(1) A local housing authority may not entertain an application for a common parts grant unless they are satisfied—
(a) that, at the date of the application, at least the required proportion of the flats in the building concerned is occupied by occupying tenants; and
(b) that the application is either a landlord’s common parts application or a tenants' common parts application.
(2) In this Part—
(a) an “occupying tenant”, in relation to a flat in a building, is a person—
(i) who has (alone or jointly with others) such an interest in the flat as is mentioned in any of paragraphs (b) to (e) of subsection (4) below; and
(ii) who occupies the flat as his only or main residence;
(b) a “landlord’s common parts application”, in relation to works to the common parts of a building, is an application for a common parts grant made by a person who—
(i) has (alone or jointly with others) such an interest in the building as is mentioned in paragraph (a) or paragraph (b) of subsection (4) below; and
(ii) has a duty or power to carry out the relevant works; and
(c) a “tenants' common parts application”, in relation to works to the common parts of a building, is an application for a common parts grant made, subject to subsection (3) below, by at least three-quarters of the occupying tenants of the building who, under their tenancies, have a duty to carry out, or to make a contribution in respect of the carrying out of, some or all of the relevant works;
and in any case where a tenancy is held by two or more persons jointly, those persons shall be regarded as a single occupying tenant in deciding, for the purposes of paragraph (c) above, whether the application is made by at least three-quarters of the occupying tenants referred to in that paragraph.
(3) For the purposes of paragraph (c) of subsection (2) above, a tenant whose tenancy is of a description specified for the purpose of that paragraph by an order made by the Secretary of State shall be treated as an occupying tenant falling within that paragraph; and a person who falls within paragraph (b)(i) of that subsection and has a duty or power to carry out any of the relevant works may also join in a tenants' common parts application; and, where such a person does join in an application, he is in this Part referred to as a “participating landlord”.
(4) The interests referred to in subsection (2) above are as follows—
(a) an estate in fee simple absolute in possession;
(b) a term of years absolute of which not less than five years remain unexpired at the date of the application;
(c) a tenancy to which section 1 of the [1954 c. 56.] Landlord and Tenant Act 1954 or Schedule 10 to this Act applies (long tenancies at low rents);
(d) an assured tenancy, a protected tenancy, a secure tenancy, a protected occupancy or a statutory tenancy; and
(e) a tenancy which satisfies such conditions as may be prescribed by order made by the Secretary of State.
(5) The required proportion mentioned in subsection (1) above is three-quarters or such other proportion as may be—
(a) prescribed for the purposes of this section by an order made by the Secretary of State; or
(b) approved by him, in relation to a particular case or description of case, on application made by the local housing authority concerned.
(1) Subject to sections 126 and 136 below, a local housing authority may not entertain an application for a renovation grant or a disabled facilities grant unless it is accompanied by a certificate falling within one of subsections (2) to (5) below in respect of the dwelling, building or flat to which the application relates.
(2) A certificate under this subsection (an “owner-occupation certificate”) certifies—
(a) that the applicant has, or proposes to acquire, an owner’s interest in the dwelling or building; and
(b) that he, or a member of his family, intends to live in the dwelling or, as the case may be, a flat in the building as his (or that member's) only or main residence for a period of not less than twelve months beginning on the certified date.
(3) A certificate under this subsection (a “tenant’s certificate”) certifies—
(a) that the applicant is a tenant of the dwelling who falls within paragraph (a) or paragraph (b) of subsection (5) of section 104 above or that his application is a tenant’s application for a disabled facilities grant; and
(b) that he or a member of his family intends to live in the dwelling or, as the case may be, a flat in the building as his (or that member's) only or main residence.
(4) A certificate under this subsection (a “certificate of intended letting”) certifies that the applicant has or proposes to acquire an owner’s interest in the dwelling or building and intends to or already has let the dwelling or, as the case may be, one or more flats in the building as a residence—
(a) to someone other than a member of his family; and
(b) for a period of not less than five years beginning on the certified date; and
(c) except where the application relates to a disabled facilities grant, on a tenancy which is not a long tenancy.
(5) A certificate under this subsection (a “special certificate”) certifies that the applicant has, or proposes to acquire, an owner’s interest in the dwelling or building and is an applicant of a class prescribed for the purposes of this section.
(6) A local housing authority may not entertain a tenant’s application unless—
(a) it is also accompanied by a certificate of intended letting made by the person who at the time of the application is the landlord under the tenancy; or
(b) they consider it unreasonable in the circumstances to seek such a certificate.
(7) A local housing authority may not entertain an application for an HMO grant unless it is accompanied by a certificate that the applicant has or proposes to acquire an owner’s interest in the house in question and intends—
(a) to license the use of part of it as a residence as mentioned in paragraphs (a) to (c) of subsection (4) above, or
(b) to let part of it as a residence as mentioned in those paragraphs,
or has already so licensed or let part of it.
(8) A local housing authority may not entertain an application for a common parts grant unless it is accompanied by a certificate signed by the applicant or, as the case may be, by each of the applicants which—
(a) specifies the interest of the applicant or, as the case may be, each of the applicants in the building or in each flat in the building; and
(b) certifies that the required proportion, within the meaning of section 105 above, of the flats in the building is occupied by occupying tenants.
(1) In each of the cases in subsection (2) below, the local housing authority may not approve an application for a grant unless—
(a) it is an application which they are required to approve by virtue of section 112 below and completion of the relevant works is necessary to comply with a notice under section 189 of the [1985 c. 68.] Housing Act 1985 (repair notice requiring works to render premises fit for human habitation); or
(b) it is an application which they are required to approve by virtue of section 113 below.
(2) The cases referred to in subsection (1) above are as follows—
(a) if, in the case of an application in respect of a dwelling or house which is not fit for human habitation, the local housing authority consider that the carrying out of the relevant works will not be sufficient to cause the dwelling or house to be fit for human habitation;
(b) if or to the extent that the relevant works have been completed before the date of service of the notice of refusal under section 116(1) below;
(c) if, within the period of three months beginning on the date of service of the notice of refusal, the authority intend to make a closing or demolition order relating to the dwelling, house or building under section 264 or section 265 of the Housing Act 1985;
(d) if, within the period of twelve months beginning on the date of service of the notice of refusal, the authority intend to declare a clearance area under section 289 of the Housing Act 1985 for an area which includes the dwelling, house or building;
(e) if the dwelling, house or building is or forms part of a building of a class designated under section 528 or section 559 of the Housing Act 1985 (defective dwellings), the applicant is eligible for assistance under Part XVI of that Act in respect of a defective dwelling which is or forms part of the dwelling, house or building concerned and the relevant works are, within the meaning of that Part, work required to re-instate that defective dwelling; and
(f) if, in the case of an application for a common parts grant, the local housing authority consider that the carrying out of the relevant works will not be sufficient to cause the building to meet the requirements mentioned in paragraphs (a) to (e) of section 604(2) of the Housing Act 1985.
(3) Where a group repair scheme has been approved by the Secretary of State, a local housing authority may not approve an application for a grant in so far as it relates to works which will be carried out in pursuance of agreements entered into, or to be entered into, in pursuance of the scheme.
(4) A local housing authority may not approve an application for a grant so far as it relates to works which are of a description excluded from grant aid by directions made by the Secretary of State.
(5) Unless it is an application which they are required to approve by virtue of section 113 below, a local housing authority may not approve an application for an HMO grant so far as it relates to works—
(a) which relate to means of escape from fire or other fire precautions; and
(b) which are required to be carried out under or by virtue of any enactment (whenever passed).
(6) If directions made by the Secretary of State under subsection (4) above specify a description of works for which grant aid is not to be available without his consent, a local housing authority may not approve an application for a grant, so far as it relates to works of that description, unless the Secretary of State has given his consent with respect to those works.
(7) Directions under subsection (4) above may be made with respect to local housing authorities generally or to a particular local housing authority.
(8) The Secretary of State may give his consent for the purposes of subsection (6) above—
(a) with respect to local housing authorities generally or to a particular local housing authority; or
(b) with respect to applications generally or to a particular description of applications.
(1) Subject to subsections (2) and (3) below, a local housing authority may not approve an application for a grant if the relevant works have been commenced before the application is approved and shall serve a notice of refusal to that effect on the applicant.
(2) Subsection (1) above does not apply to—
(a) an application which the local housing authority are required to approve by virtue of section 112 below if completion of the relevant works is necessary to comply with a notice under section 189 of the Housing Act 1985 (repair notice requiring works to render premises fit for human habitation); or
(b) an application which the local housing authority are required to approve by virtue of section 113 below.
(3) Where the relevant works have not been completed, the authority concerned 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.
(4) Where an authority decide to approve an application in accordance with subsection (3) above—
(a) they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to those that remain to be completed at the date of the application; and
(b) in determining for the purposes of sections 112, 114 and 115 below the physical condition of the dwelling, common parts or house or other building concerned, they shall consider the condition of the premises at the date of the application.
(1) Where an application for a grant is accompanied by an owner-occupation certificate, a tenant’s certificate or a special certificate, then, if the financial resources of the applicant exceed the applicable amount, the amount of any grant which may be paid shall be reduced from what it would otherwise have been in accordance with regulations made by the Secretary of State with the consent of the Treasury.
(2) For the purposes of this Part, the Secretary of State may by regulations made with the consent of the Treasury—
(a) make provision for the determination of the amount which is to be taken to be the financial resources of an applicant for a grant; and
(b) make provision for the determination of the applicable amount referred to in subsection (1) above.
(3) Without prejudice to the generality of subsection (2) above, regulations under this section—
(a) may make provision for account to be taken of the income, assets, needs and outgoings not only of the applicant himself but also of his spouse, 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) may make provision for amounts specified in or determined under the regulations to be taken into account for particular purposes.
(1) Subject to section 126 below, this section applies—
(a) where an application for a grant is accompanied by a certificate of intended letting with respect to a dwelling and is not a tenant’s application; and
(b) where an application for an HMO grant is accompanied by a certificate under section 106(7) above; and
(c) where, by virtue of section 136 below, sections 104 and 106 above do not apply to an application for a grant; and
(d) where an application for a grant is a landlord’s common parts application.
(2) Subject to the following provisions of this section and to section 116(5) below, the amount of the grant (if any) shall be such as may be determined by the local housing authority, having regard to—
(a) the cost of the relevant works;
(b) if the dwelling is currently let or subject to a statutory tenancy, the amount of the rent payable and of any increase which might reasonably be expected in that rent to take account of the relevant works, when completed;
(c) if paragraph (b) above does not apply, the amount of the rent which might reasonably be expected to be obtained on a letting of the dwelling on the open market under an assured tenancy (assuming that no premium is paid); and
(d) such other matters as the Secretary of State may direct.
(3) In considering the matters in paragraphs (b) and (c) of subsection (2) above, the local housing authority may seek and act upon the advice of rent officers; and, for this purpose, in section 121 of the [1988 c. 50.] Housing Act 1988 (additional functions of rent officers) at the end of subsection (1) there shall be added the words “and applications to which section 110 of the Local Government and Housing Act 1989 applies”.
(4) Where the applicant is a charity or the application is in respect of glebe land, the local housing authority shall also have regard—
(a) 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;
(b) to any financial resources available to the applicant in addition to the rent from the dwelling; and
(c) generally to the circumstances of the applicant concerned.
(5) In the case of an application for an HMO grant, in subsections (2) and (4) above, any reference to rent shall be construed as a reference to the aggregate of the consideration under licences or lettings of the house in question and any reference to letting a dwelling shall be construed accordingly.
(6) Where the application is for a grant in respect of the residence house of an ecclesiastical benefice, paragraphs (b) and (c) of subsection (2) above shall not apply and the local housing authority shall also have regard—
(a) to any financial resources available to the applicant; and
(b) generally to the circumstances of the applicant.
(7) In a case where the application is a landlord’s common parts application, each of the dwellings in the building concerned shall be taken into account under paragraph (b) or paragraph (c) of subsection (2) above so as to determine an aggregate rent for the purposes of that subsection.
(1) This section applies where an application for a grant is a tenants' common parts application.
(2) The local housing authority shall decide how much of the cost of the relevant works is attributable to the applicants (in this section referred to as “the attributable cost”); and, for the purposes of this section, the attributable cost is an amount equal to the proportion, referred to in subsection (3) below, of the cost of the relevant works.
(3) The proportion mentioned in subsection (2) above is as follows—
(a) where it can be ascertained, the proportion that the aggregate of each of the applicant’s respective liabilities to carry out or contribute to the carrying out of the relevant works bears to the aggregate of all such liabilities on the part of all persons (including the applicants) so liable; or
(b) where the proportion mentioned in paragraph (a) above cannot be ascertained, the proportion that the number of applicants bears to the number of persons (including the applicants) liable to carry out or contribute to the carrying out of works to the building;
and in any case where the interest by virtue of which the liability referred to in paragraph (b) above arises is held jointly by two or more persons, those persons shall be regarded as a single person in deciding for the purposes of that paragraph the number of persons so liable.
(4) The local housing authority shall then apportion the attributable cost to each of the applicants—
(a) in a case where the attributable cost is calculated by reference to the proportion mentioned in paragraph (a) of subsection (3) above, according to the proportion that his liabilities to carry out or contribute to the carrying out of the relevant works bears to the aggregate of the applicants' liabilities mentioned in that paragraph; or
(b) in a case where the attributable cost is calculated by reference to the proportion mentioned in paragraph (b) of that subsection, equally;and the amount of grant payable shall be the aggregate of the grants that would be payable to each of the applicants under section 109 above or, in the case of a participating landlord, section 110 above if each of the applicants was an individual applicant under section 109 above or, as the case may be, section 110 above in respect of his apportionment of the attributable cost under paragraph (a) or, as the case may be, paragraph (b) above.
(1) Subject to the preceding provisions of this Part, on receipt of an application for a renovation grant (other than an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building), the local housing authority shall determine, with respect to the dwelling, whether the dwelling is fit for human habitation.
(2) In any case where the local housing authority—
(a) determine under subsection (1) above that a dwelling is not fit for human habitation, and
(b) consider that completion of the relevant works will cause the dwelling to be fit for human habitation, and
(c) are satisfied that completion of the relevant works is the most satisfactory course of action,
then, subject to subsections (4) and (5) below, they shall approve the application so far as it relates to that dwelling.
(3) If, in the case of any application, the local housing authority consider that the relevant works include works for which assistance is available under Part XVI of the [1985 c. 68.] Housing Act 1985 (assistance for owners of defective housing), they shall treat the application as if the relevant works did not include those works.
(4) If, in the case of any application, other than one to which section 113 or section 115(6) below applies, the local housing authority consider that the relevant works include works in addition to those which will cause the dwelling to be fit for human habitation (“the additional works”), they shall treat the application—
(a) as an application under this section in so far as it relates to works other than the additional works; and
(b) as an application under section 115 below in so far as it relates to the additional works;
but, for the purposes of section 116 below and the subsequent provisions of this Part, the two applications shall be treated as one application.
(5) A local housing authority shall not be under a duty under this section to approve an application—
(a) which is accompanied by a certificate of intended letting and is not a tenant’s application; or
(b) if they expect, within the period of twelve months beginning with the date of receipt of the application, to prepare a group repair scheme in respect of a building which includes or comprises the dwelling.
(6) Section 604 of the [1985 c. 68.] Housing Act 1985 (fitness for human habitation) applies for the purposes of this Part, as it applies for the purposes of that Act.
(7) In deciding whether they are satisfied as mentioned in subsection (2)(c) above, the local housing authority shall have regard to any guidance given under section 604A of the Housing Act 1985 and, for that purpose, the authority shall treat any guidance given in respect of the serving of a repair notice under section 189(1) of that Act as guidance given in respect of the completion of the relevant works.
(1) Subject to section 112(3) above and subsection (3) below, a local housing authority shall approve an application falling within section 110(1) above (in this section referred to as a “landlord’s application”) if completion of the relevant works is necessary to comply with a notice or notices under one or more of the following provisions—
(a) section 189 of the Housing Act 1985 (repair notice requiring works to render premises fit for human habitation);
(b) section 190 of that Act (repair notice in respect of premises in state of disrepair but not unfit); and
(c) section 352 of that Act (notice requiring works to render premises fit for number of occupants).
(2) Subject to section 112(3) above and subsection (3) below, a local housing authority shall approve an application for a grant which is accompanied by an owner-occupation certificate (in this section referred to as an “owner-occupier’s application”) if completion of the relevant works is necessary to comply with a notice under section 190 of the Housing Act 1985.
(3) If, in the case of a landlord’s application or an owner-occupier’s application, the local housing authority consider that the relevant works include works (“the additional works”) in addition to those necessary to comply with a notice under section 189, section 190 or section 352 of the Housing Act 1985, they shall treat the application—
(a) as an application to which this section applies in so far as it relates to works other than the additional works; and
(b) as an application to which section 115 below applies in so far as it relates to the additional works.
Local Government and Housing Act 1989 (C. 42)