Housing Grants, Construction and Regeneration Act 1996

Common parts grantsE+W

14 Common parts grants: occupation of flats by occupying tenants.E+W

(1)A local housing authority shall not entertain an application for a common parts grant unless they are satisfied that at the date of the application at least the required proportion of the flats in the building concerned is occupied by occupying tenants.

(2)In this Chapter an “occupying tenant”, in relation to a flat in a building, means a person who has in relation to the flat (alone or jointly with others)—

(a)a tenancy to which section 1 of the M1Landlord and Tenant Act 1954 or Schedule 10 to the M2Local Government and Housing Act 1989 applies (long tenancies at low rents),

(b)an assured tenancy, a protected tenancy, a secure tenancy or a statutory tenancy,

(c)a protected occupancy under the M3Rent (Agriculture) Act 1976 or an assured agricultural occupancy within the meaning of Part I of the M4Housing Act 1988, or

(d)a tenancy or licence which satisfies such conditions as may be specified by order of the Secretary of State,

and who occupies the flat as his only or main residence.

References in this Chapter to other expressions relating to tenancies, in the context of an application for a common parts grant, shall be construed accordingly.

(3)The “required proportion” mentioned in subsection (1) is three-quarters or such other proportion as may be—

(a)specified for the purposes of this section by an order of the Secretary of State, or

(b)approved by him, in relation to a particular case or description of case, on application made by the local housing authority concerned.

15 Common parts grants: landlord’s and tenants’ applications.E+W

(1)A local housing authority shall not entertain an application for a common parts grant unless they are satisfied—

(a)that the applicant has an owner’s interest in the building and has a duty or power to carry out the relevant works, or

(b)that the application is made by at least three-quarters of the occupying tenants of the building who under their tenancies have a duty to carry out, or to make a contribution in respect of the carrying out of, some or all of the relevant works.

(2)References in this Chapter to a “landlord’s application” and a “tenants’ application”, in relation to a common parts grant, shall be construed accordingly.

(3)In deciding whether the requirement in subsection (1)(b) is met—

(a)where a tenancy is held by two or more persons jointly, those persons shall be regarded as a single occupying tenant; and

(b)a tenant whose tenancy is of a description specified for the purposes of that paragraph by order of the Secretary of State shall be treated as an occupying tenant falling within that paragraph.

(4)A person who has an owner’s interest in the building and who has a duty or power to carry out any of the relevant works may also join in a tenants’ application for a common parts grant; and where such a person does join in an application, he is in this Chapter referred to as a “participating landlord”.

16 Common parts grants: certificate required to accompany application.E+W

(1)A local housing authority shall not entertain a landlord’s application for a common parts grant unless it is accompanied by a certificate signed by the applicant which—

(a)specifies the interest of the applicant in the building, and

(b)certifies that the required proportion of the flats in the building is occupied by occupying tenants.

(2)A local housing authority shall not entertain a tenants’ application for a common parts grant unless it is accompanied by a certificate signed by each of the applicants which—

(a)specifies the interest of each of the applicants in each flat in the building, and

(b)certifies that the required proportion of the flats in the building is occupied by occupying tenants.

17 Common parts grants: purposes for which grant may be given.E+W

(1)The purposes for which an application for a common parts grant may be approved are—

(a)to comply with a notice under section 189 of the M5Housing Act 1985 (repair notice in respect of unfit premises) or otherwise to cause the building to meet the requirements in section 604(2) of that Act;

(b)to comply with a notice under section 190 of that Act (repair notice in respect of premises not unfit but in need of substantial repair) or otherwise to put the building in reasonable repair;

(c)to comply with a notice under section 352 of that Act (notice requiring works to render premises fit for the number of occupants) or otherwise to enable the house to meet one or more of the requirements in subsection (1A) of that section;

(d)to provide adequate thermal insulation;

(e)to provide adequate facilities for space heating;

(f)to provide satisfactory internal arrangements;

(g)to provide means of escape in case of fire or other fire precautions, not being precautions required under or by virtue of any enactment (whenever passed);

(h)to ensure that the building complies with such requirements with respect to construction or physical condition as may be specified by the Secretary of State;

(i)to ensure that there is compliance with such requirements with respect to the provision or condition of services and amenities to or within the building as are so specified;

(j)any other purpose for the time being specified for the purposes of this section by order of the Secretary of State.

(2)If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in subsection (1), they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.

(3)In exercise of the powers conferred by paragraphs (h) and (i) of subsection (1) the Secretary of State may specify requirements generally or for particular cases, and may specify different requirements for different areas.

18 Common parts grants: approval of application.E+W

(1)The local housing authority may approve an application for a common parts grant if they think fit, subject to the following provisions.

(2)The authority shall not approve an application for a common parts grant unless they are satisfied that the works are necessary for one or more of the purposes set out in section 17(1).

(3)An authority proposing to approve an application for a common parts grant shall consider whether the building to which the application relates meets the requirements mentioned in paragraphs (a) to (e) of section 604(2) of the M6Housing Act 1985.

(4)If it appears to the authority that the building does not meet those requirements, they shall not approve the application unless they are satisfied—

(a)that on completion of the relevant works, together with any other works proposed to be carried out, the building will meet those requirements,

(b)that there are satisfactory financial and other arrangements for carrying out those works, and

(c)that the carrying out of the works is the most satisfactory course of action.

(5)In considering whether to approve an application for a common parts grant the local housing authority shall have regard to the expected life of the building (taking account, where appropriate, of the effect of carrying out the works).