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NOTE: Units means the number of equivalent persons in the
families obtained by regarding children between 1 and
10 years of age as "half-persons" and disregarding
infants under the age of 12 months.
Certificates of Disrepair in relation to Dwelling Houses
The Council's duty to issue certificates of disrepair in respect
of dwelling houses, not reasonably suitable for occupation, subject to the
Rent and Mortgage Interest Restrictions Acts, was governed by the Housing
Repairs and Rents Act, 1954, until the 6th July, 19571 when the Rent Act,
1957, came into operation and laid down a new procedure.
The following is a short summary of the new procedure:-
The provisions allowing for the increase, within limits
of the rents of houses remaining in control are coupled with
machinery dealing with repairs (First Schedule). The
standard of repair is to be such as will secure the remedying
of defects which ought reasonably to be remedied having due
regard to the age, character and locality of the dwelling.
The first stage is the tenant must serve a notice on
his landlord specifying the defects which he thinks should
be remedied. The landlord has six weeks in which to do
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
certificate, 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