Housing Act 1985

463 Preliminary condition: the interest of the applicant in the property.

(1) A local housing authority may entertain an application for a grant only if 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 or have been carried out, or

(b) the applicant is a tenant of the dwelling;

and references in this part to an “owner’s application” or a “tenant’s application” shall be construed accordingly.

(2) In subsection (1)(a) an “owner’s interest” means an interest which is either—

(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;

and where an authority entertain an owner’s application 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.

(3) In subsection (1)(b) a “tenant” means a person who has in relation to the dwelling—

(a) a protected tenancy, protected occupancy or statutory tenancy,

(b) a secure tenancy,

(c) a tenancy to which section 1 of the [1954 c. 56.] Landlord and Tenant Act 1954 applies (long tenancies at low rents) and of which less than five years remain unexpired at the date of the application, or

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

(4) An authority shall not entertain a tenant’s application for an improvement grant in respect of works required for the provision of a dwelling.

(5) An order under this section—

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

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

(6) This section has effect subject to—

• sections 486 and 494 (works required by statutory notice), and

• section 513 (parsonages, applications by charities, etc.).