Schemes for payments to assist tenants: HA 1988 s. 129
HA 1988 s. 129: local housing authorities may make grants under approved schemes to assist qualifying tenants or licensees to obtain other accommodation.
In accordance with a scheme made by a local housing authority and , where the authority is in Wales, approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants or licensees of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant or licensee of the authority either— by acquiring an interest in a dwelling-house; or by carrying out works to a dwelling-house to provide additional accommodation; or by both of those means. A scheme under this section shall contain such provisions as the local housing authority considers appropriate together with , where the authority is in Wales, any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of— the persons who are qualifying tenants or licensees for the purposes of the scheme; the interests which qualifying tenants or licensees may be assisted to acquire; the works for the carrying out of which grants may be made; the circumstances in which a grant may be made for the benefit of a qualifying tenant or licensee; the amount of the grant which may be made in any particular case and the terms on which it may be made; the limits on the total number and amount of grants which may be made; and the period within which the scheme is to apply. The Secretary of State may approve a scheme made by a local housing authority in Wales under this section with or without conditions and, where a scheme has been made and, where the authority is in Wales, approved, a local housing authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme. The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local housing authority concerned; and, where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice. Any grant made pursuant to a scheme under this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where a scheme has been made by a local housing authority under this section and, where the authority is in Wales, has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure. In this section— “ local housing authority ” has the meaning assigned by section 1 of the Housing Act 1985; of the Housing Act 1985; “ dwelling-house ” has the meaning assigned by section 112 of that Act; and “ tenant ” does not include a tenant under a long tenancy, as defined in section 115 of that Act.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a local housing authority (a council) to set up a scheme to make grants to its qualifying tenants or licensees. The purpose is to help them find somewhere else to live, so they are no longer a tenant or licensee of that authority. The grant can be used to buy a home (or an interest in one), to carry out building works to provide extra accommodation, or both.
The council decides the details of the scheme – who qualifies, what interests or works are covered, the amount of grant, and how long the scheme lasts. In Wales, the scheme must be approved by the Secretary of State before it can operate. The council must take steps to publicise the scheme, and the Secretary of State can direct further publicity. The Secretary of State can also revoke approval, but that does not affect grants already made or agreed.
A person dealing with the authority does not have to check whether the scheme's terms are being followed. Any failure to comply with the scheme does not invalidate a grant unless the person receiving the grant actually knew about the failure.
When it applies
- A council tenant applies for a grant under the scheme to buy a flat.
- A licensee of a housing authority uses a grant to pay for building an extension to a family member's home to create a separate flat for himself.
- The council's scheme specifies that only tenants of more than two years qualify, and a tenant with one year is refused.
- The Secretary of State revokes approval of a Welsh scheme, but a grant already agreed before the revocation is still paid.
What this section does not say
- Grants for repairs or improvements to the tenant's current home (these may be covered by repair notices under s.130 or improvement grants under other legislation).
- The right to buy your council home at a discount (governed by sections 124-127 of this Act).
- A fixed amount of grant – the scheme sets the amount, not the section itself.
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This page reproduces the text of HA 1988 s. 129 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.