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Local Government and Housing Act 1989
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Changes over time for: Section 104
Version Superseded: 17/12/1996
Alternative versions:
- 01/02/1991- Amendment
- 07/10/1993
Point in time - Stop date 17/12/1996- Amendment
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Point in time view as at 07/10/1993. This version of this provision has been superseded.
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Local Government and Housing Act 1989, Section 104 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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104 The interest of the applicant in the property.E+W
(1)Subject to subsection (4) and section 136 below, a local housing authoritymay not entertain an application for a grant, other than a common parts grant,unless they are satisfied that—
(a)the applicant has, or proposes to acquire, an owner’s interest in everyparcel of land on which the relevant works are to be carried out; or
(b)in the case of an application for a renovation grant (other than anapplication in respect of works required for the provision of one or moredwellings by the conversion of a house or other building), the applicant isa tenant of the dwelling (alone or jointly with others) but does not have, orpropose to acquire, an owner’s interest in the dwelling; or
(c)in the case of an application for a disabled facilities grant in respectof works to a dwelling, the applicant is a tenant of the dwelling (alone orjointly with others) but does not have, or propose to acquire, an owner’sinterest in the dwelling; or
(d)in the case of an application for a disabled facilities grant in respectof works to the common parts of a building containing one or more flats, theapplicant is a tenant of a flat in the building (alone or jointly with others)but does not have, or propose to acquire, such an owner’s interest as isreferred to in paragraph (a) above;
and references in this Part to an “owner’s application" or a “tenant’s application” shall be construed accordingly.
(2)In this Part “owner’s interest” means an interest which—
(a)is held by the applicant alone or jointly with others; and
(b)is either an estate in fee simple absolute in possession or a term ofyears absolute of which not less than five years remain unexpired at the dateof the application.
(3)Where a local housing authority entertain an owner’s application made bya person who proposes to acquire the necessary interest, they shall notapprove the application until they are satisfied that he has done so.
(4)In accordance with directions given by the Secretary of State, a localhousing authority may treat the condition in subsection (1)(a) above asfulfilled by a person who has, or proposes to acquire, an owner’s interest inonly part of the land concerned; and directions under this subsection may makedifferent provision with respect to different cases or descriptions of cases,including different provision for different areas.
(5)A local housing authority may not entertain a tenant’s applicationunless—
(a)the tenant is required by the terms of his tenancy to carry out therelevant works and his tenancy is not of a description excluded from thissubsection by an order made by the Secretary of State; or
(b)his tenancy is of a description specified for the purposes of thissubsection by an order made by the Secretary of State; or
(c)his application is for a disabled facilities grant.
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