Housing Act 1985

439 Requirements as to fitness of premises, &c. E+W

(1) Before advancing money under section 435 for the purpose specified in subsection (1)(a) (acquisition of a house), the authority shall satisfy themselves that the house to be acquired is, or will be made, in all respects fit for human habitation.

(2) Before advancing money for any of the purposes specified in [F1 subsections (1)(b) and (c) and (1A)] of that section (construction, conversion, alteration, enlargement, repair or improvement), the authority shall satisfy themselves that the house concerned will when the relevant works have been completed be in all respects fit for human habitation.

(3) An advance shall not be made for the purpose specified in the closing words of [F2 subsection (1) of section 435] (repayment of previous loan) [F3 or in subsection (1A)(b) of that section (repayment of previous loan for improvements etc)], unless the authority satisfy themselves that the primary effect of the advance will be to meet the housing needs of the applicant by enabling him either—

(a) to retain an interest in the house concerned, or

(b) to carry out such works in relation to the building or house concerned as would be eligible for an advance under

[F4 (i) subsection (1)(c) of that section (conversion), or

(ii) subsection (1A)(a) of that section (improvements, etc),

as the case may be.]

Textual Amendments

F1 Words in s. 439(2) substituted (18.7.2003) by S.I. 2002/1860, arts. 1(3), 10, Sch. 2 para. 4(3)(a) (with art. 10(3))

F2 Words in s. 439(3) substituted (18.7.2003) by S.I. 2002/1860, arts. 1(3), 10, Sch. 2 para. 4(3)(b)(i) (with art. 10(3))

F3 Words in s. 439(3) inserted (18.7.2003) by S.I. 2002/1860, arts. 1(3), 10, Sch. 2 para. 4(3)(b)(ii) (with art. 10(3))

F4 S. 439(3)(b)(i)(ii) and words in s. 439(3)(b) substituted for words in s. 439(3)(b) (18.7.2003) by S.I. 2002/1860, arts. 1(3), 10, Sch. 2 para. 4(3)(b)(iii) (with art. 10(3))