Local Government and Housing Act 1989

Approvals, notification and payment E+W

112 Duty to approve applications to render certain dwellings fit for humanhabitation. E+W

(1) Subject to the preceding provisions of this Part, on receipt of anapplication for a renovation grant (other than an application in respect ofworks required for the provision of one or more dwellings by the conversionof a house or other building), the local housing authority shall determine,with respect to the dwelling, whether the dwelling is fit for humanhabitation.

(2) In any case where the local housing authority—

(a) determine under subsection (1) above that a dwelling is not fit for humanhabitation, and

(b) consider that completion of the relevant works will cause the dwelling tobe fit for human habitation, and

(c) are satisfied that completion of the relevant works is the mostsatisfactory course of action,

then, subject to subsections (4) and (5) below, they shall approve theapplication so far as it relates to that dwelling.

(3) If, in the case of any application, the local housing authority considerthat the relevant works include works for which assistance is available underPart XVI of the M1 Housing Act 1985 (assistance for ownersof defective housing), they shall treat the application as if the relevantworks did not include those works.

(4) If, in the case of any application, other than one to which section 113or section 115(6) below applies, the local housing authority consider thatthe relevant works include works in addition to those which will cause thedwelling to be fit for human habitation (“the additional works"), theyshall treat the application—

(a) as an application under this section in so far as it relates to worksother than the additional works; and

(b) as an application under section 115 below in so far as it relates to theadditional works;

but, for the purposes of section 116 below and the subsequent provisionsof 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 toapprove an application—

(a) which is accompanied by a certificate of intended letting and is not atenant’s application; or

(b) if they expect, within the period of twelve months beginning with the dateof receipt of the application, to prepare a group repair scheme in respect ofa building which includes or comprises the dwelling.

(6) Section 604 of the M2 Housing Act 1985 (fitness for humanhabitation) applies for the purposes of this Part, as it applies for thepurposes 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 givenunder section 604A of the Housing Act 1985 and, for that purpose, theauthority shall treat any guidance given in respect of the serving of a repairnotice under section 189(1) of that Act as guidance given in respect of thecompletion of the relevant works.

Modifications etc. (not altering text)

C1 S. 112 excluded (11.9.1996 for certain purposes otherwise 17.12.1996) by 1996 c. 53, s. 102(3)(4)(5); S.I. 1996/2352, art. 2(2); S.I. 1996/2842, art. 3

Marginal Citations

M1 1985 c. 68.

M2 1985 c. 68.

113 Duty to approve applications arising out of certain statutory notices. E+W

(1) Subject to section 112(3) above and subsection (3) below, a local housingauthority shall approve an application falling within section 110(1) above (inthis section referred to as a “landlord’s application") if completion ofthe relevant works is necessary to comply with a notice or notices under oneor more of the following provisions—

(a) section 189 of the Housing Act 1985 (repair notice requiring works torender premises fit for human habitation);

(b) section 190 of that Act (repair notice in respect of premises in state ofdisrepair but not unfit); and

(c) section 352 of that Act (notice requiring works to render premises fit fornumber of occupants).

(2) Subject to section 112(3) above and subsection (3) below, a local housingauthority shall approve an application for a grant which is accompanied by anowner-occupation certificate (in this section referred to as an “owner-occupier’s application") if completion of the relevant works isnecessary 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’sapplication, the local housing authority consider that the relevant worksinclude works (“the additional works") in addition to those necessary tocomply with a notice under section 189, section 190 or section 352 of theHousing Act 1985, they shall treat the application—

(a) as an application to which this section applies in so far as it relatesto works other than the additional works; and

(b) as an application to which section 115 below applies in so far as itrelates to the additional works.

Modifications etc. (not altering text)

C2 S. 113 excluded (11.9.1996 for certain purposes otherwise 17.12.1996) by 1996 c. 53, s. 102(3)(4)(5); S.I. 1996/2352, art. 2(2); S.I. 1996/2842, art. 3

114 Approval of applications to provide certain facilities for the disabled. E+W

(1) A local housing authority shall not approve an application for a disabledfacilities grant unless they are satisfied—

(a) that the relevant works are necessary and appropriate to meet the needsof 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 the dwelling or building;

and, in considering the matters specified in paragraph (a) above, [F1 alocal housing authority in England]shall consult the welfare authority.

(2) A local housing authority shall not approve an application for a disabledfacilities grant in respect of works to the common parts of a buildingcontaining one or more flats unless they are satisfied that the applicant hasa power or is under a duty to carry out the relevant works.

(3) Subject to the preceding provisions of this Part, a local housingauthority shall approve an application for a disabled facilities grant if therelevant works are for any one or more of the following purposes—

(a) facilitating access by the disabled occupant to and from the dwelling orthe building in which the dwelling or, as the case may be, flat is situated;

(b) facilitating access by the disabled occupant to a room used or usable asthe principal family room;

(c) facilitating access by the disabled occupant to, or providing for thedisabled occupant, a room used or usable for sleeping;

(d) facilitating access by the disabled occupant to, or providing for thedisabled occupant, a room in which there is a lavatory, bath, shower orwashhand basin or facilitating the use by the disabled occupant of such afacility;

(e) facilitating the preparation and cooking of food by the disabled occupant;

(f) improving any heating system in the dwelling to meet the needs of thedisabled occupant or, if there is no existing heating system in the dwellingor any such system is unsuitable for use by the disabled occupant, providinga heating system suitable to meet his needs;

(g) facilitating the use by the disabled occupant of a source of power, lightor heat by altering the position of one or more means of access to or controlof that source or by providing additional means of control; and

(h) facilitating access and movement by the disabled occupant around thedwelling in order to enable him to care for a person who is normally residentin the dwelling and is in need of such care.

(4) Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a disabled facilities grant where therelevant works do not fall within subsection (3) above but are for the purposeof making the dwelling or building suitable for the accommodation, welfare oremployment of the disabled occupant.

(5) In this section “the disabled occupant” means the disabled person for whosebenefit it is proposed to carry out any of the relevant works.

(6) In this Part “disabled person” means—

(a) a person who is registered in pursuance of arrangements made under section29(1) of the M3 National Assistance Act 1948 (handicappedpersons’ welfare); F2 . . .

(b) any other person for whose welfare arrangements have been made under thatprovision or, in the opinion of the welfare authority, might be made under it. [F2 or

(c) a person to whom section 17(11) of the Children Act 1989 (disabled children) applies.]

(7) For the purposes of this section, “welfare authority” means the council which is the localauthority for the purposes of the M4 Local Authority SocialServices Act 1970 for the area in which the dwelling is situated.

Textual Amendments

F1 Words in s. 114(1) substituted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 10(1) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1

F2 Word in s. 114(6)(a) omitted and s. 114(6)(c) inserted (14.10.1991) by S.I. 1991/1881, art.4

Marginal Citations

M3 1948 c. 29.

M4 1970 c. 42.

115 Discretionary approval of certain applications. E+W

(1) Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a grant, other than a common partsgrant, in any case where—

(a) the relevant works go beyond or are other than those which will cause thedwelling to be fit for human habitation, but

(b) the authority are satisfied that the relevant works are necessary for oneor more of the purposes set out in subsection (3) below.

(2) Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a common parts grant if the authorityare satisfied that the relevant works—

(a) are necessary for one or more of the purposes set out in paragraphs (a)and (c) to (g) of subsection (3) below; or

(b) will cause the building to meet the requirements mentioned in paragraphs(a) to (e) of section 604(2) of the M5 Housing Act 1985.

(3) The purposes referred to in subsection (1) above are—

(a) to put the dwelling or building in reasonable repair;

(b) to provide the dwelling by the conversion of a house or other building;

(c) to provide adequate thermal insulation;

(d) to provide adequate facilities for space heating;

(e) to provide satisfactory internal arrangements;

(f) to ensure that the dwelling or building complies with such requirementswith respect to construction or physical condition as may for the time beingbe specified by the Secretary of State for the purposes of this section; and

(g) to ensure that there is compliance with such requirements with respect tothe provision or condition of services and amenities to or within the dwellingor building as may for the time being be so specified.

(4) In the case of an application for an HMO grant, any reference insubsections (1) and (3) above to the dwelling shall be construed as areference to the house.

(5) In considering whether to approve an application for a grant in exerciseof their discretion under subsection (1) or subsection (2) above, the localhousing authority shall have regard to the expected life of the building(taking account, where appropriate, of the effect of carrying out the relevantworks).

(6) Subject to the preceding provisions of this Part, a local housingauthority may approve an application falling within section 110(1) above (inthis section referred to as a “landlord’s application") if—

(a) the relevant works are for the purpose of rendering the dwelling or houseto which the application relates fit for human habitation, or

(b) in the case of an application for an HMO grant, the relevant works are forthe purpose of enabling the house in question to meet one or more of therequirements in subsection (1A) of section 352 of the M6 Housing Act 1985,

and (in either case) the authority are satisfied that the relevant worksare necessary for the purpose concerned.

(7) If in the opinion of the local housing authority the relevant works aremore or less extensive than is necessary to achieve the result referred to inparagraph (b) of subsection (2) above or any of the purposes set out insubsection (3) above or, as the case may be, the purpose falling withinsubsection (6) above, the authority 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 benecessary for that purpose.

(8) In determining what is “reasonable repair”, in relation to a dwelling or buildingfor the purposes of subsection (3)(a) above, a local housing authority—

(a) shall have regard to the age and character of the dwelling or building andthe locality in which it is situated; and

(b) shall disregard the state of internal decorative repair.

(9) In the exercise of the powers conferred by paragraphs (f) and (g) ofsubsection (3) above, the Secretary of State—

(a) may specify requirements generally or for particular cases; and

(b) may specify different requirements for different areas.

Marginal Citations

M5 1985 c. 68.

M6 1985 c.68.

116 Approval and refusal of applications. E+W

(1) A local housing authority shall, by notice in writing, notify an applicantfor a grant as soon as reasonably practicable, and, in any event, not laterthan six months after the date of the application concerned, whether theapplication is approved or refused.

(2) Where an authority decide to approve an application for a grant, theyshall determine—

(a) which of the relevant works, taking into account any variation of theapplication under section 108(4)(a) or section 115(7) above, are eligible forgrant (in this Part referred to as “the eligible works”);

(b) the amount of the expenses which in their opinion are properly to beincurred in the execution of the eligible works;

(c) the amount of the costs which in their opinion have been or are to beproperly incurred with respect to preliminary or ancillary services andcharges; and

(d) the amount of grant they have decided to pay in respect of the eligibleworks, taking into account paragraphs (b) and (c) above, subsection (5) belowand such of sections 109 to 115 above as may be applicable;

and shall specify in the notice under subsection (1) above the eligibleworks, the total of the amounts referred to in paragraphs (b) and (c) above(in this Part referred to as “the estimated expense”) and the amount of the grant.

(3) Where an application for a grant is approved, then, except—

(a) with the consent of the Secretary of State, or

(b) as provided by section 118(1) below,

the local housing authority may not impose any condition in relation tothe approval or making of the grant, whether purporting to operate by way ofa condition of the grant, a personal covenant or otherwise; and the consentof the Secretary of State under paragraph (a) above may be given eithergenerally or in relation to any one or more specified authorities.

(4) If, after an application for a grant has been approved, the authority aresatisfied that, owing to circumstances beyond the control of the applicant,—

(a) the eligible works cannot be, or could not have been, carried out on thebasis of the amount of expenses referred to in subsection (2)(b) above, or

(b) the eligible works cannot be, or could not have been, carried out withoutcarrying out additional works which could not have been reasonably foreseenat the time the application was made,

the authority may re-determine the estimated expense and, subject tosubsection (5) below, the amount of the grant.

(5) The Secretary of State may, if he thinks fit, by order prescribe a maximumamount, or a formula for calculating a maximum amount, of grant which a localhousing authority may pay in respect of an application for a grant; and anauthority may not pay any grant in excess of that amount.

117 Payment of grants. E+W

(1) Where the local housing authority have approved an application for agrant, they shall pay the grant, subject to subsection (3) below and tosections 133 and 134 below.

(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 aftercompletion of the works.

(3) 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 executedto the satisfaction of the authority; and

(b) the authority being provided with an acceptable invoice, demand or receiptfor payment for the works and any preliminary or ancillary services andcharges in respect of which the grant or part of the grant is to be paid.

(4) For the purposes of subsection (3) above an invoice, demand or receipt isacceptable if it satisfies the authority and is not given by the applicant ora member of his family.

(5) Where a grant is paid by instalments, the aggregate of the instalmentspaid before the completion of the eligible works shall not at any time exceednine-tenths of the amount of the grant.