Section 105 Common parts grants: preliminary conditions.

England and Wales

(1)

A local housing authority may not entertain an application for a commonparts grant unless they are satisfied—

(a)

that, at the date of the application, at least the required proportion ofthe flats in the building concerned is occupied by occupying tenants; and

(b)

that the application is either a landlord’s common parts application ora tenants’ common parts application.

(2)

In this Part—

(a)

an “occupying tenant”, in relation to a flat in a building, isa person—

(i)

who has (alone or jointly with others) such an interest in the flat as ismentioned in any of paragraphs (b) to (e) of subsection (4) below; and

(ii)

who occupies the flat as his only or main residence;

(b)

a “landlord’s common parts application”, in relation to worksto the common parts of a building, is an application for a common parts grantmade by a person who—

(i)

has (alone or jointly with others) such an interest in the building as ismentioned in paragraph (a) or paragraph (b) of subsection (4) below; and

(ii)

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

(c)

a “tenants’ common parts application”, in relation to works tothe common parts of a building, is an application for a common parts grantmade, subject to subsection (3) below, by at least three-quarters of theoccupying tenants of the building who, under their tenancies, have a duty tocarry out, or to make a contribution in respect of the carrying out of, someor all of the relevant works;

and in any case where a tenancy is held by two or more persons jointly,those persons shall be regarded as a single occupying tenant in deciding, forthe purposes of paragraph (c) above, whether the application is made by atleast three-quarters of the occupying tenants referred to in that paragraph.

(3)

For the purposes of paragraph (c) of subsection (2) above, a tenant whosetenancy is of a description specified for the purpose of that paragraph by anorder made by the Secretary of State shall be treated as an occupying tenantfalling within that paragraph; and a person who falls within paragraph (b)(i)of that subsection and has a duty or power to carry out any of the relevantworks may also join in a tenants’ common parts application; and, where sucha person does join in an application, he is in this Part referred to as a “participating landlord".

(4)

The interests referred to in subsection (2) above are as follows—

(a)

an estate in fee simple absolute in possession;

(b)

a term of years absolute of which not less than five years remainunexpired at the date of the application;

(c)

a tenancy to which section 1 of the M1Landlord andTenant Act 1954 or Schedule 10 to this Act applies (long tenancies at lowrents);

(d)

an assured tenancy, a protected tenancy, a secure tenancy, a protectedoccupancy or a statutory tenancy; and

(e)

a tenancy which satisfies such conditions as may be prescribed by ordermade by the Secretary of State.

(5)

The required proportion mentioned in subsection (1) above isthree-quarters or such other proportion as may be—

(a)

prescribed for the purposes of this section by an order made by theSecretary 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.

Annotations

Marginal citations

M1: 1954 c. 56.

Notes on Part VIII

Textual amendments

F1: Pt. VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt. I; S.I. 1996/2842, art. 3 (with transitional provisions in arts. 5, 8)

Modifications

C1: Pt. VIII (ss. 101-138) excluded (17.12.1996) by 1996 c. 53, s. 102(1)(2); S.I. 1996/2842, art. 3