Local Government and Housing Act 1989

Supplementary provisionsE+W

132 Contributions by the Secretary of State.E+W

(1)The Secretary of State may pay contributions to local housing authoritiestowards such expenditure incurred by them under this Part as he may determine.

(2)The rate or rates of the contributions, the calculation of the expenditureto which they relate and the manner of their payment shall be such as may bedetermined by the Secretary of State with the consent of the Treasury.

(3)A determination under subsection (1) or subsection (2) above may bemade—

(a)generally, or

(b)with respect to a particular local housing authority or description ofauthority, including a description framed by reference to authorities in aparticular area,

and may make different provision in relation to different cases ordescriptions of case.

(4)Subsections (3) to (6) of section 96 above shall apply in relation to thissection, substituting a reference to subsection (1) or, as the case may be,subsection (2) above for any reference to the corresponding subsection of thatsection.

(5)In the application of section 516 of the M1Housing Act1985 (contributions by Secretary of State towards expense of grants under PartXV of that Act) in relation to a case where—

(a)an application under section 461 of that Act has been approved by thelocal housing authority after 14th June 1989, and

(b)the date which is the certified date, as defined in section 499(3) of thatAct, in relation to the works to which that application relates falls on orafter the day appointed under section 195 below for the coming into force ofsection 101 above,

for subsection (2) there shall be substituted the followingsubsection—

“(2)In the case of any grant, the contribution—

(a)shall be equal to a percentage of the amount of the grant determined undersubsections (3) and (4) below; and

(b)shall be payable in one sum or by two or more instalments, according asthe Secretary of State may determine.”

133 Persons entitled to grants.E+W

(1)In relation to a grant or an application for a grant, references in thepreceding provisions of this Part, and in subsection (2) below, to theapplicant shall be construed in relation to any time after his death as areference to his personal representatives.

(2)Where an application for a grant is approved but before the certified datethe applicant ceases to be a person entitled to apply for a grant of thatdescription—

(a)in the case of any grant, other than a common parts grant, no grant shallbe paid or, as the case may be, no further instalments shall be paid, and

(b)in the case of a common parts grant, other than one made on a tenants’common parts application, the local housing authority may refuse to pay thegrant or any further instalment,

and the authority may demand that any instalment of the grant which hasbeen paid be repaid forthwith, together with interest from the date on whichit was paid until repayment at such reasonable rate as the authority maydetermine.

(3)For the purposes of subsection (2) above an applicant ceases to be aperson entitled to apply for a grant, other than a common parts grant,—

(a)if he ceases to have the owner’s interest by virtue of which the conditionin section 104(1)(a) above was (or was treated as) fulfilled, or

(b)if he ceases to be a tenant of the dwelling, or

(c)if he, or a member of his family, ceases to have the intention specifiedin a certificate under subsection (2), subsection (3) or subsection (4) (asthe case may be) of section 106 above, or

(d)if, in the case of an applicant for an HMO grant, he ceases to have theintention specified in a certificate under section 106(7) above.

(4)For the purposes of subsection (2) above an applicant whose applicationis a landlord’s common parts application ceases to be a person entitled toapply for a common parts grant—

(a)if he ceases to have a duty or power to carry out the relevant works; or

(b)if he ceases to have such an interest in the building as is referred to in paragraph (a) or paragraph (b) of section 105(4) above.

134 Cases in which grants may be re-calculated, withheld or repaid.E+W

(1)Where an application for a grant has been approved by the local housingauthority, subsection (2) below applies in any case where—

(a)the eligible works are not completed to the satisfaction of the authoritywithin the period specified under subsection (2) of section 118 above, or suchextended period as they may allow under subsection (3) of that section; or

(b)the authority ascertain that the aggregate of the cost of completing theeligible works and the costs incurred with respect to preliminary or ancillaryservices and charges, is or is likely to be lower than the estimated expense;or

(c)the authority ascertain that without their knowledge the eligible workswere started before the application was approved and the application wasneither—

(i)one which they were required to approve by virtue of section 112 above ina case where completion of the relevant works was necessary to comply with anotice under section 189 of the M2Housing Act 1985 (repairnotice requiring works to render premises fit for human habitation); nor

(ii)one which they were required to approve by virtue of section 113 above.

(2)Where this subsection applies, the authority may—

(a)refuse to pay the grant or any further instalment of grant which remainsto be paid; or

(b)make a reduction in the grant which, in a case falling within subsection(1)(b) above, is to be a reduction proportionate to the reduction in theestimated expense;

and may demand repayment by the applicant forthwith, in whole or part,of the grant or any instalment of the grant paid, together with interest atsuch reasonable rate as the authority may determine from the date of paymentuntil repayment.

135 Power of local housing authority to carry out works which would attractgrant.E+W

(1)A local housing authority may by agreement with a person having therequisite interest execute at his expense—

(a)any works towards the cost of which a grant under this Part is payable ormight be paid on an application duly made and approved; and

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

(2)Except in the case of a common parts grant, the “requisite interest” means an owner’s interest in everyparcel of land on which the works are to be carried out or, in a case where(if an application was made) section 104(4) above might apply, in part onlyof the land concerned.

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

(a)has a power or duty to carry out the relevant works; and

(b)has such an interest in the building or in a flat in the building as isreferred to in subsection (4) of section 105 above.

136 Parsonages, charities etc.E+W

Sections 104 and 106 above do not apply to—

(a)an application for a grant in respect of glebe land or the residence houseof an ecclesiastical benefice; and

(b)an application for a grant made by a charity or on behalf of a charity bythe charity trustees of the charity.

137 Orders and regulations.E+W

(1)Orders under this Part—

(a)may make different provision with respect to different cases ordescriptions of cases, including different provision for different areas; and

(b)shall be made by statutory instrument which shall be subject to annulmentin pursuance of a resolution of either House of Parliament.

(2)Orders and regulations under this Part may contain such incidental,supplemental or transitional provisions as the Secretary of State considersappropriate.

138 Interpretation of Part VIII.E+W

(1)In this Part, except where the context otherwise requires,—

• “agricultural population” means—

  (a)

  persons whose employment or latest employment is or was employment in agriculture or in an industry mainly dependent on agriculture, and

  (b)

  the dependents of those persons;

  and for this purpose “agriculture” includes dairy-farming and poultry-farming and the use of land as grazing, meadow or pasture land, or orchard or osier land or woodland, or for market gardens or nursery grounds;

• “certified date” means the date certified by the local housing authority as the date on which the execution of the eligible works is completed to their satisfaction;

• “charity” does not include a registered housing association but, subject to that, has the same meaning as in the [F1the Charities Act 1993];

• “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;

• “disabled person” has the meaning assigned by section 114(6) above;

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard,garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “the eligible works” shall be construed in accordance with section 116(2)(a) above;

• “the estimated expense” shall be construed in accordance with section 116(2) above;

• “flat”, in relation to a building, 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;

• “group repair scheme” has the meaning assigned by section 127(1) above;

• “house in multiple occupation” has the same meaning as in Part VII above;

• “improvement” includes alteration and enlargement;

• “initial period” means the period of five years beginning with the certified date;

• “landlord’s common parts application” has the meaning assigned by section 105(2)(b) above;

• “local housing authority” has the same meaning as in the M3Housing Act 1985;

• “long tenancy” has the meaning assigned by section 115 of that Act;

• “occupying tenant” has the meaning assigned by section 105(2)(a) above;

• “owner”, in relation to a dwelling, means the person who—

(a)is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and

(b)is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord;

• and, in relation to a house in multiple occupation, “owner” has the same meaning as in Part XI of the Housing Act 1985;

• “owner’s interest” has the meaning assigned by section 104(2) above;

• “participating landlord” has the meaning assigned by section 105(3) above;

• “preliminary or ancillary services and charges” has the meaning assigned by section 102(3) above;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the relevant works” has the meaning assigned by section 102(2)(a) above;

• “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

• “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;

• “tenants’ common parts application” has the meaning assigned by section 105(2)(c) above.

(2)Section 113 of the M4Housing Act 1985 (meaning of “members of a person’s family”) shall apply in determining whether a person is a member of another’s family for the purposes of this Part.