OpenLegislation

Article 74 Repairs grants towards costs of meeting certain statutory repairing obligations in respect of dwelling-houses

Northern Ireland

(1)

Subject to the following provisions of this Article, repairs grants shall be payable by the Executive towards the costs of works specified—

F1(a)

in a notice of disrepair served in respect of a dwelling-house which is let under a protected tenancy or a statutory tenancy; or

F2(b)

in a notice served in respect of a dwelling-house under Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

F3(1A)

In paragraph (1)–

(a)

“ notice of disrepair ” means a notice under Article 19 of the Private Tenancies (Northern Ireland) Order 2006; and

(b)

“protected tenancy” and “statutory tenancy” have the meaning given in the Rent (Northern Ireland) Order 1978.

(2)

Repairs grant shall be payable to the person F4. . . , upon whom the notice was served.

F5(2A)

A repairs grant shall not be payable—

(a)

to a person who is an owner of the dwelling‐house and who occupies it as his only or principal home; or

(b)

to a person who is a tenant of a dwelling‐house at a time when the estate of the landlord under the tenancy belongs to—

(i)

the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland),

(ii)

a government department (including a department of the Government of the United Kingdom),

(iii)

the Executive, or

(iv)

a registered housing association; or

(c)

to a person of such other description as the Department may prescribe.

(3)

Schedule 3 shall have effect with respect to applications for, and the payment of, grants under this Article.

Annotations

Textual amendments

F1

Art. 74(1)(a) substituted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 29(2) (with (6)); S.R. 2006/428, art. 3(a)

F2

Art. 74(1)(b) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 12(1); S.R. 2012/13, art. 2(2), Sch. 2

F3

Art. 74(1A) inserted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 29(3) (with (6)); S.R. 2006/428, art. 3(a)

F4

Words in art. 74(2) repealed (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 29(4), 75, Sch. 5 (with art. 29(6)); S.R. 2006/428, art. 3(a)(c)

F5

2003 NI 2

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481