Part I Grants, &c. for renewal of private sector housing

Chapter I The main grants

Supplementary provisions

56 Provisions relating to death of applicant.

(1)

References in this Chapter to the applicant, in relation to a grant or an application for a grant, shall be construed in relation to any time after his death as a reference to his personal representatives.

(2)

Where the applicant dies after liability has been incurred for any preliminary or ancillary services or charges, the local housing authority may, if they think fit, pay grant in respect of some or all of those matters.

(3)

Where the applicant dies after the relevant works have been begun and before the certified date, the local housing authority may, if they think fit, pay grant in respect of some or all of the works already carried out and other relevant works covered by the application.

(4)

Nothing in this section shall be construed as preventing the provisions as to grant conditions applying in relation to any payment of grant under subsection (2) or (3).

57 Power of local housing authority to carry out works which would attract grant.

(1)

A local housing authority may by agreement with a person having the requisite interest execute at his expense—

(a)

any works towards the cost of which a grant under this Chapter is payable or might be paid on an application duly made and approved, and

(b)

any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a).

(2)

Except in the case of a common parts grant, the “requisite interest” means a qualifying owner’s interest for the purposes of a renovation grant, or an owner’s interest for the purposes of a disabled facilities grant or HMO grant, as the case may be.

(3)

In the case of a common parts grant, the reference in subsection (1) to a person having the requisite interest is a reference to the person who has—

(a)

an owner’s interest in the building, or

(b)

such an interest in a flat in the building as is mentioned in section 14(2)(a) to (d) (occupying tenants),

and has a power or duty to carry out the relevant works.

58 Minor definitions: Chapter I.

In this Chapter—

common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

common parts application”, in relation to an application for a disabled facilities grant, means an application in respect of works to the common parts of a building containing one or more flats;

conversion application”—

(a)

in relation to an application for a renovation grant, means an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building, and

(b)

in relation to an application for an HMO grant, means an application for a grant in respect of works for the provision of a house in multiple occupation by the conversion of a house or other building;

flat” means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.

59 Index of defined expressions: Chapter I.

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

certificate of future occupation (in relation to an application for an HMO grant)

section 26(2)

certificate of intended letting (in relation to an application for a renovation grant)

section 8(3)

certified date

section 44(3)(b)

common parts

section 58

common parts application (in relation to a disabled facilities grant)

section 58

common parts grant

section 1(3)

connected (with the owner of a dwelling)

section 98(2)

conversion application

section 58

disabled facilities grant

section 1(4)

disabled occupant

section 20

disabled person

section 100(1) to (3)

dwelling

section 101

elderly

section 101

eligible works

section 34(2)(a)

estimated expense

section 34(2)

exempt disposal

section 54

fit for human habitation

section 97(1)

flat

section 58

grant (without more)

section 1(6)

grant condition

section 44(1)

grant condition period

section 44(3)(a)

HMO grant

section 1(5)

house in multiple occupation

section 101

housing action trust

section 101

improvement

section 101

introductory tenant

section 101

landlord’s application

 –in relation to a renovation grant

section 10(6)

 –in relation to a common parts grant

section 15(1) and (2)

local authority

section 101

local housing authority

section 101

long tenancy

section 101

member of family

section 98(1)

new town corporation

section 101

occupying tenant (in relation to an application for a common parts grant)

section 14(2)

owner

sections 99 and 101

owner-occupation certificate (in relation to an application for a renovation grant)

section 8(2)

owner’s application

 –in relation to a renovation grant

section 7(1) and (2)

 –in relation to a disabled facilities grant

section 19(1) and (2)

owner’s certificate (in relation to an application for a disabled facilities grant)

section 21(2)

owner’s interest

section 101

participating landlord (in relation to a tenants’ application for a common parts grant)

section 15(4)

partner

section 101

preliminary or ancillary services and charges

section 2(3)

prescribed

section 101

qualifying owner’s interest

 –in relation to an application for a renovation grant

section 7(4)

 –in relation to an application for a disabled facilities grant

section 19(4)

 –in relation to an application for an HMO grant

section 25(3)

qualifying tenant

 –in relation to an application for a renovation grant

section 7(5)

 –in relation to an application for a disabled facilities grant

section 19(4)

reasonable repair

section 96

registered social landlord

section 101

relevant disposal

section 53

relevant works (in relation to a grant application)

section 2(2)(a)

renewal area

section 101

renovation grant

section 1(2)

secure tenancy and secure tenant

section 101

social services authority

section 100(4)

statutory tenancy and statutory tenant

section 101

tenancy and tenant (generally)

section 101

tenant (and expressions relating to tenancies)

 –in the context of a tenant’s application for a renovation grant

section 7(6)

 –in the context of a certificate of intended letting

section 8(4)

 –in the context of an application for a common parts grant

section 14(2)

 –in the context of an application for disabled facilities grant

section 19(5)

tenant’s application

 –in relation to a renovation grant

section 7(1) and (2)

 –in relation to a disabled facilities grant

section 19(1) and (2)

tenants’ application (in relation to a common parts grant)

section 15(1) and (2)

tenant’s certificate

 –for the purposes of an application for a renovation grant

section 9(2)

 –for the purposes of an application for a disabled facilities grant

section 22(2)

urban development corporation

section 101