Local Government and Housing Act 1989

125 Repayment of grant. E+W

(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 M1 Settled Land Act 1925,

(b) that section as applied by section 28 of the M2 Law ofProperty Act 1925 in relation to trusts for sale, and

(c) section 26 of the M3 Universities and College Estates Act1925,

include the making of payments under subsection (2) above.

Marginal Citations

M1 1925 c. 18.

M2 1925 c. 20.

M3 1925 c. 24.