Housing Grants, Construction and Regeneration Act 1996

Supplementary provisions E+W

56 Provisions relating to death of applicant. E+W

(1) References in this Chapter to the applicant, in relation to a grant or an application for a grant, shall be construed in relation to any time after his death as a reference to his personal representatives.

(2) Where the applicant dies after liability has been incurred for any preliminary or ancillary services or charges, the local housing authority may, if they think fit, pay grant in respect of some or all of those matters.

(3) Where the applicant dies after the relevant works have been begun and before the certified date, the local housing authority may, if they think fit, pay grant in respect of some or all of the works already carried out and other relevant works covered by the application.

(4) Nothing in this section shall be construed as preventing the provisions as to grant conditions applying in relation to any payment of grant under subsection (2) or (3).

57 Power of local housing authority to carry out works which would attract grant. E+W

(1) A local housing authority may by agreement with a person having the requisite interest execute at his expense—

(a) any works towards the cost of which a grant under this Chapter is payable or might be paid on an application duly made and approved, and

(b) any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a).

(2) Except in the case of a common parts grant, the “requisite interest” means a qualifying owner’s interest for the purposes of a renovation grant, or an owner’s interest for the purposes of a disabled facilities grant or HMO grant, as the case may be.

(3) In the case of a common parts grant, the reference in subsection (1) to a person having the requisite interest is a reference to the person who has—

(a) an owner’s interest in the building, or

(b) such an interest in a flat in the building as is mentioned in section 14(2)(a) to (d) (occupying tenants),

and has a power or duty to carry out the relevant works.

58 Minor definitions: Chapter I. E+W

In this Chapter—

• “common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

• “common parts application”, in relation to an application for a disabled facilities grant, means an application in respect of works to the common parts of a building containing one or more flats;

• “conversion application”—

  (a)

  in relation to an application for a renovation grant, means an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building, and

  (b)

  in relation to an application for an HMO grant, means an application for a grant in respect of works for the provision of a house in multiple occupation by the conversion of a house or other building;

• “flat” means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.

59 Index of defined expressions: Chapter I. E+W

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

certificate of future occupation (in relation to an application for an HMO grant)	section 26(2)
certificate of intended letting (in relation to an application for a renovation grant)	section 8(3)
certified date	section 44(3)(b)
common parts	section 58
common parts application (in relation to a disabled facilities grant)	section 58
common parts grant	section 1(3)
connected (with the owner of a dwelling)	section 98(2)
conversion application	section 58
disabled facilities grant	section 1(4)
disabled occupant	section 20
disabled person	section 100(1) to (3)
dwelling	section 101
elderly	section 101
eligible works	section 34(2)(a)
estimated expense	section 34(2)
exempt disposal	section 54
fit for human habitation	section 97(1)
flat	section 58
grant (without more)	section 1(6)
grant condition	section 44(1)
grant condition period	section 44(3)(a)
HMO grant	section 1(5)
house in multiple occupation	section 101
housing action trust	section 101
improvement	section 101
introductory tenant	section 101
landlord’s application
–in relation to a renovation grant	section 10(6)
–in relation to a common parts grant	section 15(1) and (2)
local authority	section 101
local housing authority	section 101
long tenancy	section 101
member of family	section 98(1)
new town corporation	section 101
occupying tenant (in relation to an application for a common parts grant)	section 14(2)
owner	sections 99 and 101
owner-occupation certificate (in relation to an application for a renovation grant)	section 8(2)
owner’s application
–in relation to a renovation grant	section 7(1) and (2)
–in relation to a disabled facilities grant	section 19(1) and (2)
owner’s certificate (in relation to an application for a disabled facilities grant)	section 21(2)
owner’s interest	section 101
participating landlord (in relation to a tenants’ application for a common parts grant)	section 15(4)
partner	section 101
preliminary or ancillary services and charges	section 2(3)
prescribed	section 101
qualifying owner’s interest
–in relation to an application for a renovation grant	section 7(4)
–in relation to an application for a disabled facilities grant	section 19(4)
–in relation to an application for an HMO grant	section 25(3)
qualifying tenant
–in relation to an application for a renovation grant	section 7(5)
–in relation to an application for a disabled facilities grant	section 19(4)
reasonable repair	section 96
registered social landlord	section 101
relevant disposal	section 53
relevant works (in relation to a grant application)	section 2(2)(a)
renewal area	section 101
renovation grant	section 1(2)
secure tenancy and secure tenant	section 101
social services authority	section 100(4)
statutory tenancy and statutory tenant	section 101
tenancy and tenant (generally)	section 101
tenant (and expressions relating to tenancies)
–in the context of a tenant’s application for a renovation grant	section 7(6)
–in the context of a certificate of intended letting	section 8(4)
–in the context of an application for a common parts grant	section 14(2)
–in the context of an application for disabled facilities grant	section 19(5)
tenant’s application
–in relation to a renovation grant	section 7(1) and (2)
–in relation to a disabled facilities grant	section 19(1) and (2)
tenants’ application (in relation to a common parts grant)	section 15(1) and (2)
tenant’s certificate
–for the purposes of an application for a renovation grant	section 9(2)
–for the purposes of an application for a disabled facilities grant	section 22(2)
urban development corporation	section 101