{
  "url": "https://openlegislation.uk/local-government-and-housing-act-1989/section-105",
  "json_url": "https://openlegislation.uk/local-government-and-housing-act-1989/section-105.json",
  "legislation": "ukpga/1989/42",
  "legislation_title": "Local Government and Housing Act 1989",
  "legislation_url": "https://openlegislation.uk/local-government-and-housing-act-1989",
  "path": "section/105",
  "kind": "section",
  "number": "105",
  "heading": "Common parts grants: preliminary conditions.",
  "text": "(1) A local housing authority may not entertain an application for a commonparts grant unless they are satisfied—\n(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\n(b) that the application is either a landlord’s common parts application ora tenants’ common parts application.\n(2) In this Part—\n(a) an “occupying tenant”, in relation to a flat in a building, isa person—\n(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\n(ii) who occupies the flat as his only or main residence;\n(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—\n(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\n(ii) has a duty or power to carry out the relevant works; and\n(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;\nand 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.\n(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\".\n(4) The interests referred to in subsection (2) above are as follows—\n(a) an estate in fee simple absolute in possession;\n(b) a term of years absolute of which not less than five years remainunexpired at the date of the application;\n(c) a tenancy to which section 1 of the Landlord andTenant Act 1954 or Schedule 10 to this Act applies (long tenancies at lowrents);\n(d) an assured tenancy, a protected tenancy, a secure tenancy, a protectedoccupancy or a statutory tenancy; and\n(e) a tenancy which satisfies such conditions as may be prescribed by ordermade by the Secretary of State.\n(5) The required proportion mentioned in subsection (1) above isthree-quarters or such other proportion as may be—\n(a) prescribed for the purposes of this section by an order made by theSecretary of State; or\n(b) approved by him, in relation to a particular case or description of case,on application made by the local housing authority concerned.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "1954 c. 56."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1989/42/section/105",
    "retrieved_at": "2026-10-29T09:44:48.783792+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}