119 Condition as to availability for letting.E+W
(1)This section applies where an application for a renovation grant or adisabled facilities grant, other than an application for a disabled facilitiesgrant in respect of works to the common parts of a building containing flats,has been approved by a local housing authority and the application for thegrant was accompanied by a certificate of intended letting.
(2)It is a condition of the grant that throughout the initial period—
(a)the dwelling will be let or available for letting as a residence, and notfor a holiday, on a tenancy which is not a long tenancy by the owner for thetime being of the dwelling to a person who is not connected with him, or
(b)the dwelling will be occupied or available for occupation by a member ofthe agricultural population in pursuance of a contract of service andotherwise than as a tenant,
disregarding any part of that period in which neither of the aboveparagraphs applies but the dwelling is occupied by a person who is a protectedoccupier under the M1Rent (Agriculture) Act 1976 or isoccupied under an assured agricultural occupancy, within the meaning of PartI of the M2Housing Act 1988.
(3)For the purposes of subsection (2) above, a person is connected with theowner for the time being of a dwelling if,—
(a)in a case where personal representatives or trustees are the owner, he isa person who under the will or intestacy or, as the case may be, under theterms of the trust concerned is beneficially entitled to an interest in thedwelling or to the proceeds of sale of the dwelling; and
(b)in any other case, he is a member of the family of the owner.
(4)It is also a condition of the grant—
(a)that if, at any time within the initial period, the local housingauthority by whom the grant was paid serve notice on the owner of the dwellingrequiring him to do so, he will, within the period of twenty-one daysbeginning on the date on which the notice was served, furnish to the authoritya statement showing how the condition in subsection (2) above is beingfulfilled; and
(b)that, if required to do so by the owner of the dwelling, any tenant of thedwelling will furnish the owner with such information as he may reasonablyrequire to enable him to comply with a notice served under paragraph (a)above.
(5)A condition under subsection (2) or subsection (4) above is a local landcharge and shall, subject to subsection (9) and section 125 below, remain inforce with respect to the dwelling for a period of five years from thecertified date.
(6)So long as a condition under subsection (2) or subsection (4) aboveremains in force with respect to a dwelling—
(a)it is binding on any person, other than a local housing authority or [F1registered social landlord], who is for the time being the owner of thedwelling; and
(b)it is enforceable against all other persons having an interest in thedwelling as if it were a condition of the terms of every tenancy of, or ofproperty including, the dwelling.
(7)In the event of a breach of a condition under subsection (2) or subsection(4) above, the local housing authority may demand that the owner for the timebeing of the dwelling pay a sum equal to the amount of the grant less so much(if any) of it as has already been repaid under section 120 below, togetherwith compound interest on that sum as from the certified date, calculated atsuch reasonable rate as the local housing authority may determine and withyearly rests.
(8)The local housing authority may determine not to make such a demand or maydemand a lesser amount.
(9)On satisfaction of the liability arising from a demand under this section,the conditions under subsections (2) and (4) above and subsection (2) ofsection 120 below shall cease to be in force with respect to the dwelling inquestion.
Textual Amendments
F1Words in s. 119(6)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 19(1)(2)
Marginal Citations