§ 464A. — (1) A local housing authority shall not entertain an application for a common parts grant unless they are satisfied as regards the relevant works that the applicant either—
- (a) has a duty to carry them out, or
- (b) has power to carry them out (there being no-one under a duty to carry them out) and has a qualifying interest in the building or in a dwelling in the building,
§ (2) The following are qualifying interests for the purposes of subsection (1)(b)—
- (a) an estate in fee simple absolute in possession,
- (b) a term of years absolute of which not less than five years remains unexpired at the date of the application,
- (c) a tenancy to which section 1 of the Landlord and Tenant Act 1954 applies (long tenancies at low rents),
- (d) a protected tenancy, a secure tenancy, a protected occupancy or a statutory tenancy;
- (e) a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.
§ (3) The required proportion mentioned in subsection (1) is three-quarters or such other proportion as may be—
- (a) prescribed for the purposes of this section by order of the Secretary of State, or
- (b) approved by him, in relation to a particular case or description of case, on application by the local housing authority;
§ (4) An order under this section—
- (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
- (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§ (5) This section has effect subject to section 513 (parsonages, application by charities, &c.)".