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Local Government and Housing Act 1989

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Version Superseded: 17/12/1996

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108 Restriction on grants for works already begun.E+W

(1)Subject to subsections (2) and (3) below, a local housing authority maynot approve an application for a grant if the relevant works have beencommenced before the application is approved and shall serve a notice ofrefusal 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 approveby virtue of section 112 below if completion of the relevant works isnecessary 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 approveby virtue of section 113 below.

(3)Where the relevant works have not been completed, the authority concernedmay approve the application for a grant if they are satisfied that there weregood reasons for beginning the works before the application was approved.

(4)Where an authority decide to approve an application in accordance withsubsection (3) above—

(a)they may, with the consent of the applicant, treat the application asvaried so that the relevant works are limited to those that remain to becompleted at the date of the application; and

(b)in determining for the purposes of sections 112, 114 and 115 below thephysical condition of the dwelling, common parts or house or other buildingconcerned, they shall consider the condition of the premises at the date ofthe application.

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