Housing Grants, Construction and Regeneration Act 1996

14 Common parts grants: occupation of flats by occupying tenants

(1) A local housing authority shall not entertain an application for a common parts grant unless they are satisfied that at the date of the application at least the required proportion of the flats in the building concerned is occupied by occupying tenants.

(2) In this Chapter an “occupying tenant”, in relation to a flat in a building, means a person who has in relation to the flat (alone or jointly with others)—

(a) a tenancy to which section 1 of the [1954 c. 56.] Landlord and Tenant Act 1954 or Schedule 10 to the [1989 c. 42.] Local Government and Housing Act 1989 applies (long tenancies at low rents),

(b) an assured tenancy, a protected tenancy, a secure tenancy or a statutory tenancy,

(c) a protected occupancy under the [1976 c. 80.] Rent (Agriculture) Act 1976 or an assured agricultural occupancy within the meaning of Part I of the [1988 c. 50.] Housing Act 1988, or

(d) a tenancy or licence which satisfies such conditions as may be specified by order of the Secretary of State,

and who occupies the flat as his only or main residence.

References in this Chapter to other expressions relating to tenancies, in the context of an application for a common parts grant, shall be construed accordingly.

(3) The “required proportion” mentioned in subsection (1) is three-quarters or such other proportion as may be—

(a) specified for the purposes of this section by an order of 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.