Local Government and Housing Act 1989

106 Certificate as to future occupation, etc. E+W

(1) Subject to sections 126 and 136 below, a local housing authority may notentertain an application for a renovation grant or a disabled facilities grantunless it is accompanied by a certificate falling within one of subsections(2) to (5) below in respect of the dwelling, building or flat to which theapplication relates.

(2) A certificate under this subsection (an “owner-occupationcertificate") certifies—

(a) that the applicant has, or proposes to acquire, an owner’s interest in thedwelling or building; and

(b) that he, or a member of his family, intends to live in the dwelling or,as the case may be, a flat in the building as his (or that member’s) only ormain residence for a period of not less than twelve months beginning on thecertified date.

(3) A certificate under this subsection (a “tenant’s certificate")certifies—

(a) that the applicant is a tenant of the dwelling who falls within paragraph(a) or paragraph (b) of subsection (5) of section 104 above or that hisapplication is a tenant’s application for a disabled facilities grant; and

(b) that he or a member of his family intends to live in the dwelling or, asthe case may be, a flat in the building as his (or that member’s) only or mainresidence.

(4) A certificate under this subsection (a “certificate of intendedletting") certifies that the applicant has or proposes to acquire anowner’s interest in the dwelling or building and intends to or already has letthe dwelling or, as the case may be, one or more flats in the building as aresidence—

(a) to someone other than a member of his family; and

(b) for a period of not less than five years beginning on the certified date;and

(c) except where the application relates to a disabled facilities grant, ona tenancy which is not a long tenancy.

(5) A certificate under this subsection (a “special certificate")certifies that the applicant has, or proposes to acquire, an owner’s interestin the dwelling or building and is an applicant of a class prescribed for thepurposes of this section.

(6) A local housing authority may not entertain a tenant’s applicationunless—

(a) it is also accompanied by a certificate of intended letting made by theperson who at the time of the application is the landlord under the tenancy;or

(b) they consider it unreasonable in the circumstances to seek such acertificate.

(7) A local housing authority may not entertain an application for an HMOgrant unless it is accompanied by a certificate that the applicant has orproposes to acquire an owner’s interest in the house in question andintends—

(a) to license the use of part of it as a residence as mentioned in paragraphs(a) to (c) of subsection (4) above, or

(b) to let part of it as a residence as mentioned in those paragraphs,

or has already so licensed or let part of it.

(8) A local housing authority may not entertain an application for a commonparts grant unless it is accompanied by a certificate signed by the applicantor, as the case may be, by each of the applicants which—

(a) specifies the interest of the applicant or, as the case may be, each ofthe applicants in the building or in each flat in the building; and

(b) certifies that the required proportion, within the meaning of section 105above, of the flats in the building is occupied by occupying tenants.