Local Government and Housing Act 1989

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.

Textual Amendments

F1 Pt. VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt. I; S.I. 1996/2842, art. 3 (with transitional provisions in arts. 5, 8)