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justified the Council send a notice of refusal to cancel the
certificate to the landlord and a copy to the tenant. In this
eventuality the landlord must reapply to secure cancellation.
Note : Any landlord or tenant aggrieved by the local authority's
action as to the issue or refusal to issue a certificate of disrepair,
inclusion or deletion of defects, refusal to cancel or
uphold objection, may appeal to the County Court.
Effect on Rent Whilst Certificate of Disrepair Remains
in Force.
Unless a landlord applies to the County Court for the cancellation
of a certificate of disrepair as respects all the defects specified
therein within 3 weeks of the date of such certificate (in which event
the full rent would be recoverable until the proceedings were concluded)
, the rent to be determined falls into one of the 3 undermentioned
categories and all references to rent or the gross value are
exclusive of rates, services or improvements.
(a) Certificate applied for within 6 months of the date of service
of notice of increase.
The notice of increase has no effect (except for rates or improvements)
and the rent to be paid will be either the old rent or
l^rd times the' gross value whichever is the lesser amount. In
addition the tenant may recover from future payments of rent
any increase paid but the deduction from each payment must
not exceed the amount by which the rent has been adjusted.
(b) Certificate applied for after 6 months from the date of service
of notice of increase.
The rent increase has taken effect and the differences between
this case and that in (a) are as follow :—
(i) there can be no return to the old rent and the increased rent
must be reduced to 1⅓rd times the gross value as from the
date of application if it was above that amount when the
notice of increase was served.
(ii) Subject to (i) above, the rent paid which the tenant may
recover is the difference between these two amounts accruing
during the period between the date of application and receipt
of the certificate but, in future payments of rent, the deduction
must not exceed the amount by which the rent has been
adjusted.