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40.—(1) The Executive shall not entertain an application for a renovation grant unless it is satisfied—
(a)that the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out, or
(b)in the case of an application other than a conversion application, that the applicant is a qualifying tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner’s interest in the dwelling.
(2) References in this Chapter to an “owner’s application” or a “tenant’s application”, in relation to a renovation grant, shall be construed accordingly.
(3) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1)(a) as met by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.
(4) References in this Chapter to “a qualifying owner’s interest”, in relation to an application for a renovation grant, are to an owner’s interest meeting the condition in paragraph (1)(a) or treated by virtue of paragraph (3) as meeting that condition.
(5) In this Chapter a “qualifying tenant”, in relation to an application for a renovation grant, means a person who (alone or jointly with others) is a tenant of the premises to which the application relates—
(a)who—
(i)is required by the terms of his tenancy to carry out the relevant works,
(ii)who signed an agreement in respect of the tenancy before the day appointed for the coming into operation of this Article,
and whose tenancy is not of a description excluded from this paragraph by an order of the Department, or
(b)whose tenancy is of a description specified for the purposes of this paragraph by order of the Department.
(6) In paragraph (5) “tenant” includes a person having a licence to occupy the premises concerned which satisfies such conditions as may be specified by order of the Department.
References in this Chapter to tenants and other expressions relating to tenancies, in the context of a tenant’s application for a renovation grant, shall be construed accordingly.
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