London's Pulse: Medical Officer of Health reports 1848-1972

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Kensington 1957

[Report of the Medical Officer of Health for Kensington Borough]

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- 39 -
the work or give an undertaking that the work will be
done. If he does neither of these things, the tenant
may apply to the Council for a certificate of disrepair
in relation to the defects specified in his notice to
the landlord.
When the Council have decided whether any, or all,
of these items justifies the issue of a certificate of
disrepair they must notify the landlord and allow him
three weeks to reconsider the giving of an undertaking.
The Council have a discretion to refuse to accept such
an undertaking (and to issue a certificate of disrepair)
in certain circumstances.
If no undertaking is given, and a certificate of
disrepair is issued, the landlord may apply to the
Council for cancellation of the certificate if he
subsequently does the work. The Council must then ask
the tenant if he objects to the cancellation. If he does
not object within three weeks, the certificate must be
cancelled. If he does object, it is for the Council to
decide whether or not to cancel the certificate.
For the tenant, the effect of the granting of a
certificates or of failure to carry out an undertaking
within six months of the giving of it, is an abatement
of the rent. There is provision for recovery of excess
rent by the tenant back to the date of application for
the certificate, or the date of the undertaking if there
has been no such application.
A landlord can appeal to the county court against
the decision of the Council to issue a certificate, and
a tenant can appeal against their refusal to issue one.
Similarly, if a landlord has applied to the Council for
cancellation, on the ground that he has remedied the
defects, he can appeal to the county court against their
refusal to cancel; conversely, if the Council decide to
cancel, in spite of the tenant's objection, the tenant
can appeal to the county court.
The following is a summary of the action taken under the Rent
Act, 1957, from 6th July to the 31st December, 1957:-

PART I - Applications for Certificates of Disrepair

Number of applications for certificates93
Number of decisions not to issue certificates3
Number of decisions to issue certificates-
(a) in respect of some but not all defects79
(b) in respect of all defects11
Number of undertakings given by landlords46
Number of undertakings refused by Council1
Number of Certificates issued22

PART II - Applications for Cancellation of Certificates
Applications by landlords to Council for cancellation
of certificates Nil
Houses in Multiple Occupation (including hostels)
The provisions of the Housing Act, 1936, (Sections 6-8) and
the Public Health (London) Act, 1936, (Section 155), enabling local
authorities in London to make and enforce byelaws relating to houses
let in lodgings and hostels respectively, have been superseded by
provisions contained in Sections 36 and 90 of the Housing Act, 1957, which