Local Government and Housing Act 1989

110 Landlords

(1) Subject to section 126 below, this section applies—

(a) where an application for a grant is accompanied by a certificate of intended letting with respect to a dwelling and is not a tenant’s application; and

(b) where an application for an HMO grant is accompanied by a certificate under section 106(7) above; and

(c) where, by virtue of section 136 below, sections 104 and 106 above do not apply to an application for a grant; and

(d) where an application for a grant is a landlord’s common parts application.

(2) Subject to the following provisions of this section and to section 116(5) below, the amount of the grant (if any) shall be such as may be determined by the local housing authority, having regard to—

(a) the cost of the relevant works;

(b) if the dwelling is currently let or subject to a statutory tenancy, the amount of the rent payable and of any increase which might reasonably be expected in that rent to take account of the relevant works, when completed;

(c) if paragraph (b) above does not apply, the amount of the rent which might reasonably be expected to be obtained on a letting of the dwelling on the open market under an assured tenancy (assuming that no premium is paid); and

(d) such other matters as the Secretary of State may direct.

(3) In considering the matters in paragraphs (b) and (c) of subsection (2) above, the local housing authority may seek and act upon the advice of rent officers; and, for this purpose, in section 121 of the [1988 c. 50.] Housing Act 1988 (additional functions of rent officers) at the end of subsection (1) there shall be added the words “and applications to which section 110 of the Local Government and Housing Act 1989 applies”.

(4) Where the applicant is a charity or the application is in respect of glebe land, the local housing authority shall also have regard—

(a) to any obligation or practice on the part of the applicant to let dwellings at a rent less than that which could be obtained on the open market;

(b) to any financial resources available to the applicant in addition to the rent from the dwelling; and

(c) generally to the circumstances of the applicant concerned.

(5) In the case of an application for an HMO grant, in subsections (2) and (4) above, any reference to rent shall be construed as a reference to the aggregate of the consideration under licences or lettings of the house in question and any reference to letting a dwelling shall be construed accordingly.

(6) Where the application is for a grant in respect of the residence house of an ecclesiastical benefice, paragraphs (b) and (c) of subsection (2) above shall not apply and the local housing authority shall also have regard—

(a) to any financial resources available to the applicant; and

(b) generally to the circumstances of the applicant.

(7) In a case where the application is a landlord’s common parts application, each of the dwellings in the building concerned shall be taken into account under paragraph (b) or paragraph (c) of subsection (2) above so as to determine an aggregate rent for the purposes of that subsection.