Empty Homes Assistance Grant

Empty Homes Assistance Grant

Statement of Terms and Conditions

General Terms and Conditions

You may apply for a grant of up to £10,000 to assist you in bringing your empty property back into use. You must read these terms and conditions and sign the declaration to say that you have read and understood them.

The Council will secure nomination rights for the property for 3 years and the property must be let at the Local Housing Allowance rent levels. The applicant will be required to sign aCertificate of Intended Letting and Nomination Rights agreement to this effect.

The grant will be registered as Deed of Covenant on the land registry against the property and is repayable if the property is sold within the grant condition period or if any of the grant conditions are breached.

The applicantmustapply to join Tamworth Landlord Accreditation Scheme (TLAS) as part of the empty property application process. The applicant and the property must meet the accreditation schemesCode of Standards and Management Practice prior to accepting nominees from the council.

The applicant will enter into a management agreement with a reputable letting agent to ensure that the dwelling is managed and maintained in a fit and habitable condition by upholding the landlord's repairing obligations

Applicants must be aged 18 or over.

The empty property must have been owned by the applicant for at least 12 months.

Applications will only be accepted if made on the designated application form accompanied by the documents requested.

Works must begin within 3 months of grant approval and be completed within 6 months of grant approval unless otherwise agreed with the Council.

The works must bring the property up to a legal minimum standard free from Category 1 hazards (Housing Health and Safety Rating System) and be undertaken in accordance with current building and planning regulations.

Applications for assistance must be made by the owner(s) of the property. All applications will be referred to the Landlord Liaison and Empty Homes Officer where they will be decided on a case by case basis, with an emphasis on areas of most housing need and sustainability.

Nomination arrangements

The Council shall have nomination rights over the dwelling for a period of 3 years from the certified date.‘Certified Date’ means the date certified by the Council as the date on which the execution of the eligible works is completed to their satisfaction.

The owner will accept as the tenants of the dwelling the Council's nominees.

The dwelling will be let or available for letting on an assured shorthold tenancy in accordance with the provisions of the Housing Act 1996.

The owner is responsible for ensuring that any required notices relating to the Tenancy Agreement are duly served prior to the commencement of the tenancy or as a means of terminating a tenancy.

The owner shall notify the council in writing immediately if any vacancy arises within the dwelling or upon the issuing of a valid notice to terminate a tenancy.

The Council will send to the owner the details of its' proposed nominee within 28 days of being notified of a vacancy ("Nominee Notice").

The owner will notify the Council in writing within 5 working days of receipt of the Nominee Notice of its' acceptance or rejection of the nominee stating in full their reasons for rejecting the nominee in that event.

In the unlikely event of the Council being unable to provide any nominee within 28 days of being notified of any vacancy, the owner shall be entitled to let the dwelling to a tenant of his/her choice but without prejudice to other terms and conditions of the Grant which will apply to such a tenancy.

Unless a new tenancy has already been signed by both the owner and the new tenant then the Council will retain first option on the tenancy of a vacant dwelling.

If the dwelling subsequently becomes vacant the Council shall be entitled to exercise its nomination rights in accordance with this Schedule.

The owner shall bear the costs of any vacant dwelling and the Council shall not be responsible for any lossof rental income or other costs due to failure to provide any nominee within the agreed timescale.

As soon as is reasonably practicable after the owner accepting the Council's nominee the owner shall offera tenancy agreement to the nominee.

The owner shall obtain all necessary permissions and consents including planning permission as shall benecessary for the use of the dwelling as a privately rented dwelling.

Local Housing Allowance

Rents paid to the owner will be at the local housing allowance rates

Local Housing Allowance is the way of working out Housing Benefit for tenants on a low income who are renting accommodation from a Private Landlord. The new allowance was introduced from 7 April 2008.

Local Housing Allowance rates are set for different types of accommodation in each area. The rates range from a single room in a shared house, up to properties with four bedrooms.

To get the Local Housing Allowance rates for Tamworth - the latest figures will be those for the current month visit or call the benefits team on 01827 709540

Land Registry

Tamworth Borough Council will in accordance with the empty property policy dated August 2011, register as a land charge the total cost of the grant amount. This charge will remain in place during the entire grant condition period unless the grant amount is repaid in full.

THE REGULATORY REFORM (HOUSING ASSISTANCE) (ENGLAND AND WALES) ORDER 2002

Article 3

6)A local housing authority may take any form of security in respect of the whole or part of any assistance.

(7)Where any such security is taken in the form of a charge on any property, the local housing authority may at any time reduce the priority of the charge or secure its removal.

Landlord Accreditation

If the owner wishes to manage the property themselves then they will be expected to become an Accredited Landlord.If applicants do not intend to manage the property themselves they must employ a reputable letting agent to act on their behalf. All property managers must be approved by Tamworth Borough Council prior to accepting nominees.

The Tamworth Landlord Accreditation Scheme aims to offer assurance to landlords and tenants that properties in Tamworth meet the legal minimum standard required and landlords manage their properties in accordance with best management practices.

Becoming an accredited landlord is recognition by Tamworth Borough Council that the landlord meets the minimum legal standards relating to the property conditions and adheres to the minimumlegal management practice guidelines. Membership of the scheme will ensure that landlords are aware of their legal duties and obligations. Tamworth Borough will be able to assist landlords with any problems or queries they may encounter whilst carrying out these duties.

Disposal of the dwelling

It is a condition of the grant that:-

If an owner makes a relevant disposal through sale, assignment, transfer or

otherwise of the whole or part of the dwelling to which the application relates, he/ shall re-pay the Council on demand the amount of grant that has been paid.

The applicant shall notify the Council in writing of his/her intention to make a relevant disposal through sale, assignment, transfer or otherwise of the whole or part of the dwelling and shall provide the Council with any information reasonably requested by them in connection with such a notification.

Repayment will not be required immediately where a joint owner(s) dies and the dwelling is re-registered solely in the name(s) of the surviving proprietor(s) but the conditions of the grant will continue to apply.

If an applicant gives some other person the right to require the dwelling to be disposed of, he/she will be held to have made a relevant disposal to that person and the grant will need to be repaid in full.

A voluntary repayment of the grant may be made at any time in full by the ownerof the dwelling or by a mortgagee entitled to exercise a power of sale whereupon all grant conditions shall cease to be in force.

On repayment of the sum demanded following a relevant disposal the conditions shall cease to be in force.

‘Disposal’, whether of the whole or part of the premises is a ‘relevant disposal’ if it is:-

(a) Sale of the freehold or an assignment of the lease or

(b) The grant of a lease (other than a mortgage term) for a term of more than 21 years otherwise than at a rack rent or

The Council may at any time serve a notice on the owner of the dwelling requiring a statement showing how the condition of occupation is being fulfilled.

In the event of any breach of the Certificate of Intended Letting and Nomination Rights, including not complying with the intention set out in the certificate, the Council will demand repayment of the grant from ‘the certified date’.

Repayment where applicant not entitled to grant

Where an application for a grant is approved but it subsequently appears to the Council that the applicant was not entitled to that grant the Council will not pay the grant or any further instalments and the Council will demand repayment of any grant amount paid.

Applicant ceases to be entitled before payment of the grant

The grant will not be paid, or if applicable no further instalments will be paid and the Council willdemand repayment of any instalments of any grant amount paid:

(a) If an applicant ceases to have a qualifying owner’s interest or ceases tohave the intention set out in the Certificate of Intended Letting and Nomination Rightsaccompanying theapplication, or

(b) If an applicant (landlord) ceases to have the duty or power to carry out the works, or

(d) If the landlord of a property subject to a tenant’s application ceases to have the intention set out in the certificate of intended letting accompanying the application, or

(e) If it appears that on completion the property will not be free of category 1 hazards, will not meet the Decent Homes Standard, or the financial and other arrangements for carrying out the works are not satisfactory, or the giving of grant is no longer the most appropriate course of action.

Mortgagee repossessions

Where a mortgagee exercises their right to sell the property, we will seek to recover the full grant amount provided that there is sufficient equity.

Payment of the Grant

Payment of grant to contractor:

E+W

The Council may pay a grant or part of a grant—

(a)By payment direct to the contractor, or

(b)By delivering to the applicant an instrument of payment in a form made payable to the contractor. They shall not do so unless the applicant was informed before the grant application was approved that this would or might be the method of payment.

Where an amount of grant is payable, but the works in question have not been executed to the satisfaction of the applicant, the Council may at the applicant’s request and if they consider it appropriate to do so withhold payment from the contractor.

Ancillary charges and fees may be considered for assistance if directly related to the eligible works.

Assistance shall not be given in respect of works:

a)Already started or completed before the date of formal grant approval.

b)Where the owner(s) have a statutory duty to carry out the necessary works and it is reasonable in the circumstances for them to do so.

Where the cost of works is over the amount that the Council agrees to pay, the applicant will be required to pay any excess amounts.

Applications will require3 fixed quotations from competent contractors, detailing costs and scope of works clearly and based on the Schedule of works provided by the Council. The Council may refuse to consider or accept quotations from unsuitable or unrecognised contractors. The applicant is responsible for ensuring that builders provide the requested information.

Builders must provide the following information otherwise their services cannot be used:

a)Company name

b)Company address

c)VAT registration number

d)Company registration number or National Insurance Number (sole traders only)

e)When the invoice contains a VAT element the invoice must contain the following information to comply with VAT legislation:

Identifying number (i.e. unique to each invoice)
Date of supply/date of issue
Name and address and VAT number of supplier
Description and quantity of supply
Unit cost
Net amount charged
Rate of VAT
Amount of VAT charged

The grant will be based on the lowest quotation submitted.

Payment can only be made against an original invoice made out to Tamworth Borough Council and not a photocopy or fax.

All work shall be undertaken:

a)In accordance with current Planning and Building Regulations.

b)In accordance with current Health and Safety at Work Regulations.

c)In accordance with manufacturers recommendations and best practice.

d)In accordance with a schedule of works provided by the Council.

e)To the satisfaction of the Council and within 6 months from the date of formal approval.

To claim the grant, the following documents should be produced:

a)The builder’s final account

b)All relevant certificates, e.g.:

Building control certificate,
Gas and electrical certificates,
Fire alarm test certificates,
Roof and damp-proof guarantees.

I have read and understand the Empty Homes Assistance Grant Terms and Conditions

Signed ______

Print name ______

Date ____/____/____