(1) The local housing authority may pay a grant or part of a grant—
(a) by payment direct to the contractor, or
(b) by delivering to the applicant an instrument of payment in a form made payable to the contractor.
They shall not do so unless the applicant was informed before the grant application was approved that this would or might be the method of payment.
(2) Where an amount of grant is payable, but the works in question have not been executed to the satisfaction of the applicant, the local housing authority may at the applicant’s request and if they consider it appropriate to do so withhold payment from the contractor.
If they do so, they may make the payment to the applicant instead.
40 Applicant ceasing to be entitled before payment of grant.
(1) This section applies where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to a grant . . . .
In the case of a joint application this section does not apply unless all the applicants cease to be so entitled.
(2) Where this section applies—
(a) no grant shall be paid or, as the case may be, no further instalments shall be paid, and
(b) the authority may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment, at such reasonable rate as the authority may determine.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of this section an applicant ceases to be a person entitled to a . . . grant—
(a) in the case of an owner’s application—
(i) if he ceases to have a qualifying owner’s interest, or
(ii) if he ceases to have the intention specified in the owner’s certificate which accompanied the application;
(b) in the case of a tenant’s application—
(i) if he ceases to be a qualifying tenant of the dwelling, or
(ii) if the application was accompanied by an owner’s certificate and the landlord ceases to have the intention specified in the certificate.
But if the case falls within section 41 (change of circumstances affecting disabled occupant), the authority shall act under that section.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) This section has effect subject to section 56 (provisions relating to death of applicant).
41 Change of circumstances affecting disabled occupant.
(1) This section applies where an application for a . . . grant has been approved and before the certified date—
(a) the works cease to be necessary or appropriate to meet the needs of the disabled occupant, or
(b) the disabled occupant ceases to occupy the dwelling , qualifying houseboat, caravan or flat concerned or it ceases to be the intention that he should occupy it, or
(c) the disabled occupant dies.
Where the application related to more than one disabled occupant, this section applies if any of paragraphs (a) to (c) applies in relation to any of them.
(2) This section applies whether or not the disabled occupant (or any of them) is the applicant (or one of them).
(3) Where this section applies the local housing authority may take such action as appears to them appropriate and may decide—
(a) that no grant shall be paid or, as the case may be, no further instalments shall be paid,
(b) that the relevant works or some of them should be completed and the grant or an appropriate proportion of it paid, or
(c) that the application should be redetermined in the light of the new circumstances.
(4) In making their decision the authority shall have regard to all the circumstances of the case.
(5) If the authority decide that no grant shall be paid or that no further instalments shall be paid, they may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment, at such reasonable rate as the authority may determine.
42 Cases in which grants may be re-calculated, withheld or repaid.
(1) This section applies where an application for a grant has been approved by the local housing authority and—
(a) the authority ascertain that the amount was determined under section 30 or 31 on the basis of inaccurate or incomplete information and exceeds that to which the applicant was entitled;
(b) the authority ascertain that without their knowledge the eligible works were started before the application was approved;
(c) the eligible works are not completed to the satisfaction of the authority within the period specified under section 37(1), or such extended period as they may allow under that provision;
(d) the authority ascertain that the aggregate of the cost of completing the eligible works and the costs incurred with respect to preliminary or ancillary services and charges, is or is likely to be lower than the estimated expense; or
(e) the authority ascertain that without their knowledge the eligible works were carried out otherwise than as required by section 38 (conditions as to contractors employed).
(2) Where this section applies, the authority may—
(a) refuse to pay the grant or any further instalment of grant which remains to be paid, or
(b) make a reduction in the grant which, in a case falling within subsection (1)(d), is to be a reduction proportionate to the reduction in the estimated expense;
and they may demand repayment by the applicant forthwith, in whole or part, of the grant or any instalment of the grant paid, together with interest at such reasonable rate as the authority may determine from the date of payment until repayment.
43 Repayment where applicant not entitled to grant.
(1) This section applies where an application for a grant is approved but it subsequently appears to the local housing authority that the applicant (or, in the case of a joint application, any of the applicants) was not, at the time the application was approved, entitled to a grant . . . .
(2) Where this section applies—
(a) no grant shall be paid or, as the case may be, no further instalments shall be paid, and
(b) the authority may demand that any grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment, at such reasonable rate as the authority may determine.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of this section an applicant is not entitled to a . . . grant—
(a) in the case of an owner’s application—
(i) if he does not have a qualifying owner’s interest, or
(ii) if he does not have the intention specified in the owner’s certificate which accompanied the application; or
(b) in the case of a tenant’s application—
(i) if he is not a qualifying tenant of the dwelling, or
(ii) if the application was accompanied by an owner’s certificate and the landlord does not have the intention specified in the certificate; or
(c) in the case of an occupier’s application, if he does not have the intention specified in the occupier’s certificate which accompanied the application.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Sections 51 and 52 have effect with respect to the conditions to be observed where an application for a grant has been approved by a local housing authority.
In this Chapter a “grant condition” means a condition having effect in accordance with either of those sections.
(2) Except as otherwise provided—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a grant condition imposed under section 52 (power to impose other conditions with consent of Secretary of State) has effect for such period as may be specified in, or in accordance with, the Secretary of State’s consent.
(3) In this Chapter—
(a) the “grant condition period” means the period of five years, or such other period as the Secretary of State may by order specify or as may be imposed by the local housing authority with the consent of the Secretary of State, beginning with the certified date; and
(b) the “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.
(4) A local housing authority may not impose any condition requiring a grant to be repaid except in accordance with sections 51 and 52.
This applies whether the condition purports to operate as a condition of the grant, as a personal covenant or otherwise.
51 Conditions as to repayment in case of other compensation, &c.
(1) Where a local housing authority approve an application for a grant they may, with the consent of the Secretary of State, impose a condition requiring the applicant to take reasonable steps to pursue any relevant claim to which this section applies and to repay the grant, so far as appropriate, out of the proceeds of such a claim.
(2) The claims to which this section applies are—
(a) an insurance claim, or a legal claim against another person, in respect of damage to the premises to which the grant relates, or
(b) a legal claim for damages in which the cost of the works to premises to which the grant relates is part of the claim;
and a claim is a relevant claim to the extent that works to make good the damage mentioned in paragraph (a), or the cost of which is claimed as mentioned in paragraph (b), are works to which the grant relates.
(3) In the event of a breach of a condition under this section, the applicant shall on demand pay to the local housing authority the amount of the grant so far as relating to any such works, together with compound interest as from such date as may be prescribed by or determined in accordance with the regulations, calculated at such reasonable rate as the authority may determine and with yearly rests.
(4) The local housing authority may determine not to make such a demand or to demand a lesser amount.
52 Power to impose other conditions with consent of Secretary of State.
(1) Where a local housing authority approve an application for a grant they may, with the consent of the Secretary of State, impose such conditions as they think fit—
(a) relating to things done or omitted before the certified date and requiring the repayment to the local housing authority on demand of any instalments of grant paid, or
(b) relating to things done or omitted on or after that date and requiring the payment to the local housing authority on demand of a sum equal to the amount of the grant paid;
and, in either case, that amount may be required to be paid together with compound interest on that amount as from the date of payment, calculated at such reasonable rate as the authority may determine and with yearly rests.
(2) A condition under this section is a local land charge and is binding on—
(a) any person who is for the time being an owner of the dwelling . . . or building, and
(b) such other persons (if any) as the authority may, with the consent of the Secretary of State, specify.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the authority have the right to demand repayment of an amount as mentioned in subsection (1), they may determine not to demand payment or to demand a lesser amount.
(5) Any conditions imposed under this section are in addition to the conditions provided for by section 51 .
55 Cessation of conditions on repayment of grant, &c.
(1) If at any time while a grant condition remains in force with respect to a dwelling, . . . or building—
(a) the owner of the dwelling, . . . or building to which the condition relates pays the amount of the grant to the local housing authority by whom the grant was made,
(b) a mortgagee of the interest of the owner in that dwelling, . . . or building being a mortgagee entitled to exercise a power of sale, makes such a payment,
(c) the local housing authority determine not to demand repayment on the breach of a grant condition, or
(d) the authority demand repayment in whole or in part on the breach of a grant condition and that demand is satisfied,
that grant condition and any other grant conditions shall cease to be in force with respect to that dwelling, . . . or building.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An amount paid by a mortgagee under subsection (1)(b) above shall be treated as part of the sums secured by the mortgage and may be discharged accordingly.
(4) The purposes authorised for the application of capital money by—
(a) section 73 of the Settled Land Act 1925,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
include the making of payments under this section.
(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) In subsection (1), the reference to a person having the requisite interest is a reference to—
(a) in the case of a qualifying houseboat or caravan, the person who is—
(i) entitled to possession of the premises at which the qualifying houseboat is moored or the land on which the caravan is stationed, or
(ii) entitled to dispose of the qualifying houseboat or caravan, or
(b) in any other case, the person who has an owner’s interest.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Chapter—
“caravan”—
means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968); and
includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“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 . . . grant, means an application in respect of works to the common parts of a building containing one or more flats;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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.
“premises” includes a qualifying houseboat or a caravan;
“qualifying houseboat” means a boat or similar structure designed or adapted for use as a place of permanent habitation which—
has its only or main mooring within the area of a single local housing authority;
is moored in pursuance of a right to that mooring; and
is a dwelling for the purposes of Part 1 of the Local Government Finance Act 1992 (council tax),
and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
...
(1) A local housing authority may prepare a scheme (a “group repair scheme”) for the carrying out of works—
(a) to put in reasonable repair the exterior of the buildings to which the scheme relates, or
(b) to render the buildings to which the scheme relates structurally stable,
or for both those purposes.
(2) For the purposes of this Chapter “building” includes the whole or part of a terrace of houses or other units.
(3) The scheme must satisfy the requirements of sections 61 and 62 as to the buildings to which it relates and the works specified in it.
(1) The buildings to which a group repair scheme relates must be qualifying buildings.
(2) A building is a qualifying building if at the time the scheme is prepared it satisfies the conditions prescribed for qualifying buildings in relation to a group repair scheme.
(3) A group repair scheme must relate to at least one qualifying building which at the time the scheme is prepared satisfies the conditions prescribed for a primary building in relation to a group repair scheme.
(4) Each of the other qualifying buildings to which a group repair scheme relates must satisfy the conditions prescribed for an additional building in relation to a group repair scheme.
(1) The works specified in a group repair scheme (“scheme works”) must be works of the following descriptions.
(2) In the case of works to put in reasonable repair the exterior of the buildings to which the scheme relates, the works must be—
(a) works to the exterior of the buildings to which the scheme relates, or
(b) so far only as may be necessary to give satisfactory effect to such works, additional works to other parts of the buildings,
and must be such that on completion of the works the exterior of the buildings will be in reasonable repair.
(3) In the case of works to render the buildings to which the scheme relates structurally stable, the works must be—
(a) works to the structure or to the foundations of the buildings to which the scheme relates, or
(b) other works necessary to give satisfactory effect to such works,
and must be such that on completion of the works the buildings will be structurally stable.
(4) For the purposes of this Chapter the exterior of a building means—
(a) any part of the building which is exposed to the elements of wind and rain or otherwise faces into the open air (including, in particular, roofs, chimneys, walls, doors, windows, rainwater goods and external pipework), and
(b) the curtilage of the building, including any wall within the curtilage which is constructed as a retaining wall or otherwise to protect the structure of the building.
(5) In relation to works to the curtilage of a building the reference in subsection (2)(b) to additional works to other parts of the building includes additional works on land outside the curtilage.
(6) For the purposes of this Chapter the exterior of a building shall not be regarded as in reasonable repair unless it is substantially free from rising or penetrating damp.
(1) If a group repair scheme prepared by a local housing authority is approved by the Secretary of State, the authority may, with the consent of the persons participating in the scheme, enter into agreements to secure the carrying out of the works specified in the scheme.
(2) The approval of the Secretary of State may be given either to a specific scheme or generally to schemes which fulfil such criteria as he may from time to time specify.
(3) Different criteria may be specified for different types of scheme and for different areas.
(4) The approval of a scheme may be made conditional upon compliance with requirements specified by the Secretary of State.
64 Persons eligible to participate in group repair scheme.
(1) A person is eligible to participate in a group repair scheme if at the date of the approval of the scheme—
(a) he has an owner’s interest in a dwelling or other premises comprised in a building to which the scheme relates, and
(b) as respects the dwelling or other premises in which he has an owner’s interest he either—
(i) is able to give possession of any part of the building to which scheme works are proposed to be carried out, or
(ii) has the consent of the occupier of that part to the carrying out of those works.
In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the scheme fulfils the criteria for general approval.
(2) A person eligible to participate in a group repair scheme may participate as an assisted participant—
(a) if the owner’s interest which he has is an interest in a dwelling and he gives an owner-occupation certificate or a certificate of intended letting, or
(b) if the owner’s interest which he has is an interest in a house in multiple occupation and he gives a certificate of future occupation.
This is subject to the exceptions specified in subsection (7) or by order under that subsection.
(3) An “owner-occupation certificate” certifies that the person concerned—
(a) has an owner’s interest in the dwelling, and
(b) intends that throughout the protected period he, or a member of his family, will live in the dwelling, as his (or that member’s) only or main residence.
(4) A “certificate of intended letting” certifies that the person concerned—
(a) has an owner’s interest in the dwelling, and
(b) intends that throughout the protected period the dwelling will be let or available for letting as a residence and not for a holiday to someone other than a member of his family.
In paragraph (b) “letting” does not include a letting on a long tenancy.
(5) In subsection (4) references to letting include the grant of a licence to occupy premises.
References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.
(6) A “certificate of future occupation” certifies that the person concerned—
(a) has an owner’s interest in the house, and
(b) intends that throughout the protected period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.
In paragraph (b) “residential occupation” does not include occupation for a holiday, and “tenancies” does not include a long tenancy.
(7) The following may not participate in a group repair scheme as an assisted participant—
(a) a local authority;
(b) a new town corporation;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) a Strategic Health Authority, health authority, special health authority , Primary Care Trust or NHS trust;
(e) a police authority established under section 3 of the Police Act 1996 . . . ;
(f) a housing action trust;
(g) a registered social landlord;
(h) any other authority, body or other person excluded by order of the Secretary of State.
(8) An order under subsection (7)(h) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.
(9) A person eligible to participate in a group repair scheme who is unable to participate as an assisted participant may participate as an unassisted participant.
(1) The persons who are eligible to participate in a group repair scheme do so by signifying consent (“scheme consent”), in accordance with the terms of the scheme, to the proposals to carry out the works specified in the scheme.
(2) No scheme works shall be carried out to a part of a building which consists of premises in respect of which no person eligible to participate has signified scheme consent, except as mentioned below.
(3) The restriction in subsection (2) does not apply to works carried out to premises in respect of which there is no person (or no ascertainable person) eligible to participate in the scheme.
(4) The restriction in subsection (2) does not apply to works—
(a) which are carried out to premises in respect of which the person eligible to participate consents to their being carried out but has not signified scheme consent (and, accordingly, is not liable to contribute), and
(b) which it is necessary to carry out in order satisfactorily to carry out any works specified in the scheme to another part of the same building in respect of which a person eligible to participate has signified scheme consent.
(1) When the works specified in a group repair scheme are completed, the local housing authority shall send to each assisted participant a certificate specifying the date on which the works were completed to the authority’s satisfaction.
(2) In this Chapter that date is referred to as “the completion date”.
(1) The participants in a group repair scheme are liable to contribute to the cost, as notified to them under the scheme, of scheme works relating to the premises in which they have an interest, at a rate determined in accordance with this section.
(2) The cost of the works shall be apportioned between the several buildings and premises in such way as may be agreed between the participants with owner’s interests in them or, in default of agreement, equally.
(3) In the case of an unassisted participant, the rate of contribution is 100 per cent.
(4) In the case of an assisted participant whose owner’s interest is in premises other than a dwelling or house in multiple occupation, the rate of contribution is—
(a) 25 per cent. where the building is in a renewal area, and
(b) 50 per cent. in any other case.
The Secretary of State may by order amend paragraph (a) or (b) so as to specify a different percentage.
(5) In the case of any other assisted participant, the rate of contribution is a percentage determined by the local housing authority not exceeding that which would apply under subsection (4).
(6) In making their determination the authority shall have regard to the way in which—
(a) section 30 (means-testing in case of application by owner-occupier or tenant), or
(b) section 31 (determination of amount of grant in case of landlord’s application),
would apply if he were an applicant for a renovation grant or, as the case may require, an HMO grant.
(7) They shall also have regard to any guidance given by the Secretary of State for the purposes of this section.
Different guidance may be given for different cases, different descriptions of cases and different areas and, in particular, with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).
(1) A group repair scheme may be varied at any time before the completion date.
The variation may relate to the participants in the scheme, the buildings to which the scheme relates, the scheme works or any other matter.
(2) A variation is not effective unless approved by the Secretary of State.
The provisions of section 63(2) to (4) (supplementary provisions as to approval of scheme) apply to approval of a variation.
(3) Where a scheme is varied to enable other persons to participate, section 64 (persons eligible to participate) applies in relation to new participants with the substitution for the reference to the date of approval of the scheme of a reference to the date of approval of the variation.
In the case of a variation not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the variation fulfils the criteria for general approval.
(4) Before varying a group repair scheme the local housing authority shall consult the existing participants and consider any representations made by them.
(5) Fresh scheme consent is required in the case of an existing participant as to whom the authority are satisfied that his interests are adversely affected by the variation.
In any other case the existing scheme consent shall be treated as extended to the scheme as varied.
(1) The following sections have effect with respect to the conditions of participation in a group repair scheme as an assisted participant.
(2) Except as otherwise provided those conditions have effect for the period of five years, or such other period as may be prescribed, beginning with the completion date.
That period is referred to in this Chapter as “the protected period”.
(3) For the purposes of those conditions the “balance of the cost” is the difference between—
(a) the cost as notified to the participant under the scheme of such of the works specified in the scheme as relate to the premises in which his owner’s interest subsisted, and
(b) the amount of the contribution in respect of that cost paid by him by virtue of section 67.
70 Condition as to payment of balance of cost on disposal.
(1) It is a condition of participation in a group repair scheme as an assisted participant that if, at any time after signifying scheme consent and before the end of the protected period, he makes a relevant disposal (other than an exempt disposal) of the premises in which he had an owner’s interest at the date of the approval of the scheme, he shall pay to the local housing authority on demand the balance of the cost.
(2) The condition under this section is a local land charge and is binding on any person who is for the time being an owner of the premises concerned.
(3) Where the authority have the right to demand payment of an amount as mentioned in subsection (1), they may determine not to demand payment or to demand a lesser amount.
(4) The condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises that is an exempt disposal, other than—
(a) a disposal within section 54(1)(a) (disposal to associates of person making disposal), or
(b) a disposal within section 54(1)(b) (vesting under will or on intestacy).
(1) It is a condition of participation in a group repair scheme as an assisted participant—
(a) where the participant gave an owner-occupation certificate, that throughout the protected period the dwelling is occupied in accordance with the intention stated in the certificate;
(b) where the participant gave a certificate of intended letting, that throughout the protected period the dwelling is let or available for letting in accordance with the intention stated in the certificate; and
(c) where the participant gave a certificate of future occupation, that throughout the protected period the house is residentially occupied, or available for residential occupation, in accordance with the intention stated in the certificate.
(2) It is also a condition of participation as an assisted participant that if at any time when any of the above conditions is in force the authority serve notice on the owner of the dwelling or house requiring him to do so, he will within the period of 21 days beginning with the date on which the notice was served furnish to the authority a statement showing how that condition is being fulfilled.
(3) A condition under this section is a local land charge and is binding on any person who is for the time being an owner of the dwelling or house.
(4) In the event of a breach of a condition under this section, the owner for the time being of the dwelling or house shall pay to the local housing authority on demand the balance of the cost.
(5) The local housing authority may determine not to make such a demand or may demand a lesser amount.
(6) Any condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises which is an exempt disposal other than a disposal within section 54(1)(a) (disposal to associates of person making disposal).
73 Payment of balance of cost, &c: cessation of conditions.
(1) If at any time while a condition of participation under section 70 or 71 remains in force—
(a) the assisted participant pays the balance of the cost to the local housing authority,
(b) a mortgagee of the interest of the assisted participant in the premises being a mortgagee entitled to exercise a power of sale, makes such a payment,
(c) the authority determine not to demand payment on the breach of a condition of participation, or
(d) the authority demand payment in whole or in part on the breach of a condition of participation and that demand is satisfied,
that condition and any other conditions of participation shall cease to be in force with respect to the premises of that assisted participant.
(2) An amount paid by a mortgagee under subsection (1)(b) above shall be treated as part of the sums secured by the mortgage and may be discharged accordingly.
(3) The purposes authorised for the application of capital money by—
(a) section 73 of the Settled Land Act 1925,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) section 26 of the Universities and College Estates Act 1925,
include the making of payments under this section.
74 Power of Secretary of State to modify operation of Chapter.
(1) If the Secretary of State so directs in the case of any scheme or any description of scheme, such of the preceding provisions of this Chapter as are specified in the direction shall not apply in relation to that scheme or, as the case may be, in relation to a scheme of that description.
(2) The power under this section to give directions may be so exercised as to make different provision with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).
In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
assisted participant | section 64(2) and (7)
balance of the cost (in relation to conditions of participation) | section 69(3)
building | section 60(2)
certificate of future occupation | section 64(6)
certificate of intended letting | section 64(4)
completion date | section 66(2)
connected (with the owner of a dwelling) | section 98(2)
dwelling | section 101
eligible to participate | section 64(1)
exempt disposal | section 72 (and section 54)
group repair scheme | section 60(1)
house in multiple occupation | section 101
housing action trust | section 101
local authority | section 101
local housing authority | section 101
long tenancy | section 101
member of family | section 98(1)
new town corporation | section 101
owner | sections 99 and 101
owner-occupation certificate | section 64(3)
owner’s interest | section 101
prescribed | section 101
protected period (in relation to conditions of participation) | section 69(2)
reasonable repair | section 96
registered social landlord | section 101
relevant disposal | section 72 (and section 53)
renewal area | section 101
scheme consent | section 65(1)
scheme works | section 62
tenancy and tenant (generally) | section 101
tenant and related expressions (in the context of a certificate of intended letting) | section 64(5)
unassisted participant | section 64(9)
(1) A local housing authority may, on application being made to them, give assistance under this Chapter (“home repair assistance”) in the form of a grant or the provision of materials for the carrying out of works of repair, improvement or adaptation to a dwelling.
(2) The Secretary of State may by order make provision as to the total amount or value of home repair assistance that may be given—
(a) on any one application, or
(b) in respect of the same dwelling in any period of three years.
(3) Home repair assistance shall not be given in respect of works—
(a) for which a grant under Chapter I has been approved or in respect of which an application for a grant is pending, or
(b) which are specified in a group repair scheme approved under Chapter II or prepared and awaiting the approval of the Secretary of State.
(1) Subject to the following provisions of this section, a local housing authority shall not entertain an application for home repair assistance unless they are satisfied—
(a) that the applicant is aged 18 or over on the date of the application,
(b) that he lives in the dwelling as his only or main residence,
(c) that he has an owner’s interest in the dwelling, or is a tenant of the dwelling, alone or jointly with others,
(d) that he has a duty or power to carry out the works in question, and
(e) that he or his partner is in receipt of income support, housing benefit, council tax benefit, any element of child tax credit other than the family element or working tax credit.
(2) In the case of an application in respect of works to adapt a dwelling to enable an elderly, disabled or infirm person to be cared for, the condition in subsection (1)(b) shall be treated as met if the elderly, disabled or infirm person (whether or not the applicant) lives or proposes to live in the dwelling as his only or main residence.
(3) For the purposes of the condition in subsection (1)(c) “tenant” includes—
(a) a secure tenant or statutory tenant,
(b) a protected occupier under the Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988, and
(c) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties;
but does not include a tenant of an authority or body mentioned in section 3(2) (authorities and bodies not eligible to apply for grants under Chapter I).
(4) An application may be made by a person who does not satisfy the condition in subsection (1)(c) but who occupies the dwelling under a right of exclusive occupation granted for his life or for a period of more than five years.
But except in the case of—
(a) works to adapt a dwelling to enable an elderly, disabled or infirm person, who lives or proposes to live in the dwelling as his only or main residence, to be cared for,
(b) works relating to means of escape from fire or other fire precautions, or
(c) any works to a dwelling in a renewal area,
the local housing authority shall not entertain an application made by virtue of this subsection unless they are satisfied that the applicant has occupied the dwelling as his only or main residence for a period of at least three years immediately preceding the date of the application.
(5) The condition in subsection (1)(e) does not apply—
(a) to an applicant who is elderly, disabled or infirm, or
(b) to an application in respect of works to adapt a dwelling to enable an elderly, disabled or infirm person, who lives or proposes to live in the dwelling, to be cared for.
78 Assistance in respect of house-boats and mobile homes.
(1) Subject to the following provisions of this section, sections 76 and 77 (home repair assistance) apply in relation to a house-boat or mobile home as in relation to a dwelling.
(2) For the purposes of those sections as they apply in relation to a house-boat or mobile home, any person lawfully in occupation of the house-boat or mobile home shall be treated as a person with an owner’s interest in or a tenant of a dwelling.
But except in the case of—
(a) works to adapt a house-boat or mobile home to enable an elderly, disabled or infirm person, who lives or proposes to live there as his only or main residence, to be cared for, or
(b) works relating to means of escape from fire or other fire precautions,
the local housing authority shall not entertain an application for home repair assistance unless the residence requirement is met.
(3) The residence requirement in the case of a house-boat is that the local housing authority are satisfied that—
(a) the applicant has occupied the boat as his only or main residence for a period of at least three years immediately preceding the date of the application;
(b) the boat has for that period had its only or main mooring in the same locality on an inland waterway or in marine waters within the boundary of the authority; and
(c) the applicant had a right to moor his boat there.
(4) The residence requirement in the case of a mobile home is that the local housing authority are satisfied that—
(a) the applicant has occupied the mobile home as his only or main residence for a period of at least three years immediately preceding the date of the application;
(b) the mobile home has for that period been on land forming part of the same protected site within the meaning of the Mobile Homes Act 1983; and
(c) the applicant occupied it under an agreement to which that Act applies or under a gratuitous licence.
(5) In this section—
“house-boat” means a boat or similar structure designed or adapted for use as a place of permanent habitation, and
“mobile home” means a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968),
which is a dwelling for the purposes of Part I of the Local Government Finance Act 1992 (council tax).