Local Government and Housing Act 1989

112 Duty to approve applications to render certain dwellings fit for human habitation

(1) Subject to the preceding provisions of this Part, on receipt of an application for a renovation grant (other than an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building), the local housing authority shall determine, with respect to the dwelling, whether the dwelling is fit for human habitation.

(2) In any case where the local housing authority—

(a) determine under subsection (1) above that a dwelling is not fit for human habitation, and

(b) consider that completion of the relevant works will cause the dwelling to be fit for human habitation, and

(c) are satisfied that completion of the relevant works is the most satisfactory course of action,

then, subject to subsections (4) and (5) below, they shall approve the application so far as it relates to that dwelling.

(3) If, in the case of any application, the local housing authority consider that the relevant works include works for which assistance is available under Part XVI of the [1985 c. 68.] Housing Act 1985 (assistance for owners of defective housing), they shall treat the application as if the relevant works did not include those works.

(4) If, in the case of any application, other than one to which section 113 or section 115(6) below applies, the local housing authority consider that the relevant works include works in addition to those which will cause the dwelling to be fit for human habitation (“the additional works”), they shall treat the application—

(a) as an application under this section in so far as it relates to works other than the additional works; and

(b) as an application under section 115 below in so far as it relates to the additional works;

but, for the purposes of section 116 below and the subsequent provisions of this Part, the two applications shall be treated as one application.

(5) A local housing authority shall not be under a duty under this section to approve an application—

(a) which is accompanied by a certificate of intended letting and is not a tenant’s application; or

(b) if they expect, within the period of twelve months beginning with the date of receipt of the application, to prepare a group repair scheme in respect of a building which includes or comprises the dwelling.

(6) Section 604 of the [1985 c. 68.] Housing Act 1985 (fitness for human habitation) applies for the purposes of this Part, as it applies for the purposes of that Act.

(7) In deciding whether they are satisfied as mentioned in subsection (2)(c) above, the local housing authority shall have regard to any guidance given under section 604A of the Housing Act 1985 and, for that purpose, the authority shall treat any guidance given in respect of the serving of a repair notice under section 189(1) of that Act as guidance given in respect of the completion of the relevant works.