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Textual Amendments
F1Pt. VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt.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)
Modifications etc. (not altering text)
C1Pt. VIII (ss. 101-138) excluded (17.12.1996) by 1996 c. 53, s. 102(1)(2); S.I. 1996/2842, art. 3
Textual Amendments
F1Pt. VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt.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)
(1)In approving an application for a grant, a local housing authority mayrequire as a condition of the grant that the eligible works are carried outin accordance with such specification as they determine.
(2)Subject to subsection (3) below, it is a condition of the grant that theeligible works are carried out within twelve months from the date of approvalof the application concerned.
(3)The authority may, if they think fit, extend the period of twelve monthsreferred to in subsection (2) above and may, in particular, do so where theyare satisfied that the eligible works cannot be, or could not have been,carried out without carrying out other works which could not have beenreasonably foreseen at the time the application was made.
(1)This section applies where an application for a renovation grant (otherthan a tenant’s application) has been approved by a local housing authorityand the application for the grant was accompanied by a certificate of intended letting.
(2)It is a condition of the grant that—
(a)where an owner makes a relevant disposal (other than an exempt disposal)of the dwelling with vacant possession within the initial period, he shall payto the local housing authority on demand the amount of the grant; and
(b)where an owner makes such a disposal otherwise than with vacant possessionwithin the initial period, he shall pay to the authority on demand the amountof the grant, reduced by one-fifth for each complete year which has elapsedafter the certified date and before the disposal.
(3)A condition under subsection (2) above is a local land charge and shall,subject to subsection (5) and section 125 below, remain in force with respectto the dwelling for a period of five years from the certified date.
(4)So long as a condition under subsection (2) above remains in force withrespect to a dwelling it is binding on any person who is for the time beingan owner of the dwelling.
(5)On satisfaction of the liability arising from a demand under this section,any condition under subsection (2) above shall cease to be in force withrespect to the dwelling in question.
(6)The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
(1)This section applies where an application for a renovation grant has beenapproved by a local housing authority and the application for the grant wasaccompanied by an owner-occupation certificate.
(2)It is a condition of the grant that, where an owner makes a relevantdisposal (other than an exempt disposal) of the dwelling within the period ofthree years beginning on the certified date, he shall pay to the authority ondemand the amount of the grant, reduced by one-third for each complete yearwhich has elapsed after the certified date and before the disposal.
(3)A condition under subsection (2) above is a local land charge and shall,subject to subsections (5) to (7) and section 125 below, remain in force withrespect to the dwelling for a period of three years from the certified date.
(4)So long as a condition under subsection (2) above remains in force withrespect to a dwelling it is binding on any person who is for the time beingan owner of the dwelling.
(5)In any case where—
(a)there is a relevant disposal of the dwelling concerned which is an exemptdisposal; or
(b)there is a relevant disposal of the dwelling concerned (not being anexempt disposal) for no consideration or for consideration of an amount lessthan that either prescribed, or calculated in accordance with a formulaprescribed, by regulations made by the Secretary of State;
any condition under subsection (2) above shall cease to be in force withrespect to the dwelling.
(6)On satisfaction of the liability arising from a demand under this section,any condition under subsection (2) above shall cease to be in force withrespect to the dwelling in question.
(7)In any case where—
(a)within the period referred to in subsection (2) above an owner makes arelevant disposal of the dwelling concerned (not being an exempt disposal),and
(b)the authority having the right to demand payment from the owner asmentioned in that subsection are satisfied that he is elderly or infirm andis making the disposal with the intention of going to live in shelteredhousing or a residential care home as his only or main residence,
the authority may determine not to make any demand under subsection (2)above and, on the making of such a determination, any condition under thatsubsection shall cease to be in force with respect to the dwelling.
(8)The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
(1)This section applies where a landlord’s common parts application has beenapproved by a local housing authority.
(2)It is a condition of the grant that where the applicant makes a relevantdisposal (other than an exempt disposal) of the building within the initialperiod, he shall pay to the local housing authority on demand the amount ofthe grant.
(3)A condition under subsection (2) above is a local land charge and shall,subject to subsection (5) and section 125 below, remain in force with respectto the building for a period of five years from the certified date.
(4)So long as a condition under subsection (2) above remains in force withrespect to a building it is binding on any person who is for the time beinga successor in title to that interest in the building by virtue of which,under section 105(2)(b) above, the applicant made his application.
(5)On satisfaction of the liability arising from a demand under this section,any condition under subsection (2) above shall cease to be in force withrespect to the building in question.
(6)The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
(1)Any reference in this section to a “grant condition” is a reference to a condition for the timebeing in force under subsection (2) or subsection (4) of section 119 above,subsection (2) of section 120 above, subsection (2) of section 121 above, anyof subsections (2), (4) and (6) of section 122 above or subsection (2) ofsection 123 above.
(2)If at any time while a grant condition remains in force with respect toa dwelling, house or building.—
(a)the owner of the dwelling, house or building to which the conditionrelates pays the amount of the grant to the local housing authority by whomthe grant was made, or
(b)a mortgagee of the interest of the owner in that dwelling, house orbuilding being a mortgagee entitled to exercise a power of sale, makes sucha payment,
the grant condition and any other grant conditions shall cease to be inforce with respect to that dwelling, house or building.
(3)In the case of a grant condition imposed on a landlord’s common partsapplication any reference in subsection (2) above to the owner of the buildingis a reference to the applicant or any such successor in title as is referredto in section 123(4) above.
(4)An amount paid by a mortgagee under subsection (2)(b) above shall betreated as part of the sums secured by the mortgage and may be dischargedaccordingly.
(5)The purposes authorised for the application of capital money by—
(a)section 73 of the M5Settled Land Act 1925,
(b)that section as applied by section 28 of the M6Law ofProperty Act 1925 in relation to trusts for sale, and
(c)section 26 of the M7Universities and College Estates Act1925,
include the making of payments under subsection (2) above.
(1)Subject to subsection (2) below, no application for a renovation grant maybe made in respect of more than one dwelling.
(2)A single application may be made for a renovation grant towards the costof works required for the provision of two or more dwellings by the conversionof a house or other building.
(3)In the case of such a single application as is referred to in subsection(2) above—
(a)for the purposes of section 106 above, a separate certificate may be givenin respect of each dwelling or in respect of any one or more of them;
(b)if the application is accompanied by more than one certificate and atleast one of them is an owner-occupation certificate or a special certificatethe application shall be treated as falling within section 109 above and notwithin section 110 above;
(c)each dwelling shall be treated separately for the purposes of sections 119to 125 above; and
(d)the grant shall, for those purposes, be treated as apportioned equallybetween each of the dwellings, and any reference in those sections to theamount of the grant shall be construed accordingly.