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40
Certificates of Disrepair in relation to Dwelling Houses
The Council's duty to issue certificates of disrepair in respect
of "rent controlled" dwelling houses, not reasonably suitable for
occupation, is governed by the Rent Act, 1957.
The following is a short summary of the procedure:-
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.
When the Council have decided whether any, or all
of the items specified by the tenant, 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
accepted, 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
the 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
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, or
to refuse to cancel one; and a tenant has similar rights
of appeal.
The following is a summary of the action taken under the
Rent Act, 1957, during 1961:-
PART I - Applications for Certificates of Disrepair
Number of applications for certificates 4
Number of decisions not to issue certificates Nil
Number of decisions to issue certificates -
(a) in respect of some but not all defects 4
(b) in respect of all defects Nil
Number of undertakings given by landlords 4
Number of undertakings refused by Council Nil
Number of certificates issued 1