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(c) Certificate applied for where no increase has been served and
the rent is above 1⅓rd times the gross value.
The rent is reduced to ljrd times the gross value as from the
date of application and the recoverable rent is as stated in b(ii)
above, omitting the proviso.
Note: In all 3 instances the reduction and any deductions being made
must cease after the cancellation of the certificate.
Effect of Undertaking.
Any increase being paid and any further increase which falls
due (except where any condition in subsection 2(c) of Section 2 of
the main Act is fulfilled) must be paid by the tenant whilst the undertaking
is operative.
If on the expiration of 6 months from the giving of either
undertaking (Form K or H) any defects to which the undertaking
relates remain unremedied, the consequences are the same as if a
certificate of disrepair had then been issued and had continued in
force until the remedying of the defects. As regards Form H the
date of such undertaking is taken as the date of application.
Further to the above, the landlord or the tenant may on Form O
apply to the local authority (enclosing a fee of 2/6d. and, where it is
in respect of a Form H undertaking, a copy of same), for a certificate
(Form P) as to the remedying of defects specified in a landlord's
undertaking to remedy defects. The local authority must cause an
inspection of the premises to certify whether any, and if so, which
of the defects relative to the undertaking remain unremedied. In
this respect the tenant is necessarily precluded from applying before
the expiration of 6 months from the date of the undertaking but if
the certificate specifies that any defects remain unremedied the
tenant is entitled to deduct the fee from any subsequent payment of
rent to the landlord.
The value of this certificate is that it shall in any proceedings be
evidence of the matters certified until the contrary is proved.
Applications Received under the Act.
The action taken in respect of applications received up to the
end of the current year were :—
(a) One Form 0 application from a landlord. Form P was issued
certifying that the defects had been remedied.