Housing Act 1985

Main forms of grant assistance

460 General description of the main grants.

(1) The following grants are payable by local housing authorities in accordance with the following provisions of this Part—

• improvement grants (sections 467 to 473),

• intermediate grants (sections 474 to 482),

• special grants (sections 483 to 490), and

• repairs grants (sections 491 to 498);

and references in this Part to grants, without more, are to those grants.

(2) The grants are payable towards the cost of works required for—

(a) the provision of dwellings by the conversion of houses or other buildings,

(b) the improvement of dwellings,

(c) the repair of dwellings, and

(d) the improvement of houses in multiple occupation.

(3) The grants are not payable where the provision, improvement or repair is by—

• a local authority,

• a new town corporation, or

• the Development Board for Rural Wales.

461 Grant applications.

(1) A grant shall be paid by a local housing authority only if an application for it is made to the authority in accordance with the provisions of this Part and is approved by them.

(2) The application shall specify the premises to which the application relates and contain—

(a) particulars of the works in respect of which the grant is sought (referred to in this part as “the relevant works”) and an estimate of their cost, and

(b) such other particulars as may be specified by the Secretary of State.

(3) A local housing authority may not entertain an application for a grant if—

(a) the relevant works are or include works which were the relevant works in relation to an application previously approved under the Part, and

(b) the applicant is, or is the personal representative of, the person who made the earlier application,

except in the circumstances specified in subsection (4).

(4) Such an application may be entertained if the relevant works have not been begun and either—

(a) more than two years have elapsed since the date on which the previous application was approved, or

(b) the application is made with a view to taking advantage of an order under section 509 (orders varying appropriate percentage for purposes of determining amount of grant).

462 Preliminary condition: the age of the property.

(1) A local housing authority shall not entertain an application for—

(a) an improvement grant in respect of works required for the provision of a dwelling by the conversion of a house or other building which was erected after 2nd October 1961, or

(b) any grant for the improvement or repair of a dwelling which was provided after 2nd October 1961.

unless they consider it appropriate to do so.

(2) The authority’s discretion to entertain such applications is subject to such general or special directions as may be given by the Secretary of State.

463 Preliminary condition: the interest of the applicant in the property.

(1) A local housing authority may entertain an application for a grant only if they are satisfied that—

(a) the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be or have been carried out, or

(b) the applicant is a tenant of the dwelling;

and references in this part to an “owner’s application” or a “tenant’s application” shall be construed accordingly.

(2) In subsection (1)(a) an “owner’s interest” means an interest which is either—

(a) an estate in fee simple absolute in possession, or

(b) a term of years absolute of which not less than five years remain unexpired at the date of the application;

and where an authority entertain an owner’s application by a person who proposes to acquire the necessary interest, they shall not approve the application until they are satisfied that he has done so.

(3) In subsection (1)(b) a “tenant” means a person who has in relation to the dwelling—

(a) a protected tenancy, protected occupancy or statutory tenancy,

(b) a secure tenancy,

(c) a tenancy to which section 1 of the [1954 c. 56.] Landlord and Tenant Act 1954 applies (long tenancies at low rents) and of which less than five years remain unexpired at the date of the application, or

(d) a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.

(4) An authority shall not entertain a tenant’s application for an improvement grant in respect of works required for the provision of a dwelling.

(5) An order under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) This section has effect subject to—

• sections 486 and 494 (works required by statutory notice), and

• section 513 (parsonages, applications by charities, etc.).

464 Preliminary condition: certificate as to future occupation.

(1) A local housing authority shall not entertain an owner’s application, other than an application for a special grant, unless it is accompanied by—

(a) a certificate of owner-occupation, or

(b) a certificate of availability for letting,

in respect of the dwelling, or each of the dwellings for the provision, improvement or repair of which the application is made.

(2) A local housing authority may refuse to entertain a tenant’s application unless it is accompanied by a certificate of availability for letting given by a person from whom the authority could have approved an owner’s application.

(3) A “certificate of owner-occupation” is (except where it is given by personal representatives or trustees) a certificate stating that the applicant intends that, on or before the first anniversary of the certified date and throughout the period of four years beginning on that first anniversary, the dwelling will be the only or main residence of, and will be occupied exclusively by, either—

(a) the applicant himself and members of his household (if any), or

(b) a person who is a member of the applicant’s family, or a grandparent or grandchild of the applicant or his spouse, and members of that person’s household (if any).

(4) Where the application for grant is made by the personal representatives of a deceased person or by trustees, a “certificate of owner-occupation” is a certificate stating that the applicants are personal representatives or trustees and intend that, on or before the first anniversary of the certified date and throughout the period of four years beginning with that first anniversary, the dwelling will be the only or main residence of, and exclusively occupied by, either—

(a) a beneficiary and members of his household (if any), or

(b) a person related to a beneficiary by being a member of his family or a grandparent or grandchild of the beneficiary or his spouse, and members of that person’s household (if any);

and in this subsection “beneficiary” means a person who, under the will or intestacy, or, as the case may require, under the terms of the trust, is beneficially entitled to an interest in the dwelling or the proceeds of sale of it.

(5) A “certificate of availability for letting” is a certificate stating that the person giving the certificate intends that, throughout the period of five years beginning with the certified date—

(a) the dwelling will be let or available for letting as a residence, and not for a holiday, to a person other than a member of the family of the person giving the certificate, or

(b) the dwelling will be occupied or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant.

(disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976).

465 Restriction on grants for works already begun.

(1) A local housing authority may not approve an application for a grant if the relevant works have been begun unless they are satisfied that there were good reasons for beginning the works before the application was approved.

(2) Subsection (1) has effect subject to sections 486 and 494 (works required by statutory notice).

466 Grants requiring consent of Secretary of State.

(1) The Secretary of State may direct that applications for an improvement grant or intermediate grant of a specified description shall not be approved without his consent.

(2) Such directions may be given to local housing authorities generally or to a particular local housing authority.

(3) The Secretary of State’s consent may be given generally or with respect to a particular authority or particular description of application.