# Local Government and Housing Act 1989, Section 105: Common parts grants: preliminary conditions.

Extent: E+W

(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 Landlord 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.

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Source: https://www.legislation.gov.uk/ukpga/1989/42/section/105 (the official version)
Page: https://openlegislation.uk/local-government-and-housing-act-1989/section-105
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.