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Rent Acts and Housing Act 1969
Once again little advantage was taken by tenants during the year of the opportunity
under the provisions of the Rent Acts to apply to the Council for Certificates of Disrepair.
This action is possible when a tenant of a controlled tenancy considers that his accommodation
is not being maintained in a satisfactory state of repair, having regard to age,
character and locality. The procedure is somewhat cumbersome and time consuming and
this probably accounts for the fact that no applications were received during the year.
One application for cancellation of a Certificate of Disrepair was made and this was
issued.
The picture was very different in relation to applications by landlords for
Qualification Certificates under the provisions of Part III of the Housing Act 1969. This
new legislation enabled a landlord to apply to the Council for a qualification certificate
in relation to a controlled tenancy, and if the premises were in a condition to qualify
for the issue of a Certificate, the tenancy then became regulated as distinct from
controlled, and a fair rent could be fixed by the Rent Officer following consultation
with the landlord and the tenant. 989 applications were received from landlords relating
to controlled tenancies where standard amenities (bath, sink, wash hand basin all with hot
and cold water supplies and an internal water closet) were available. The Act requires that
a tenant shall be provided with a copy of the landlord's application and afforded an opportunity
within a twenty-eight day period, of making written representations to the Council as
to the condition of his tenancy. Advantage was taken of this opportunity by a large proportion
of tenants. Whether or not such representations are received, it is the policy of this
Department that in every instance an inspection of the dwelling be carried out. It was found
that in numbers of cases, the only way in which this could be accomplished was by the
District Public Health Inspector making evening and week-end appointments.
Following such inspection the decision was then made as to whether a Qualification
Certificate should be issued or refused or whether, bearing in mind the nature of repair
works considered necessary, opportunity should be afforded to the owner to carry out the
repair works within a reasonable period of time, at the termination of which the position
would be adjudged as to issue or refusal of a Qualification Certificate. Both tenant and
landlord have a right of appeal to the County Court within a period of twenty-eight days
following the issue or refusal of a certificate.
Having obtained a Qualification Certificate, a landlord is entitled to have a fair
rent fixed by the Rent Officer, and the tenancy becomes a regulated one.
This new legislation imposed an onerous burden on the Division requiring many
hundreds of inspections and revisits.
It is nevertheless gratifying that although 652 Qualification Certificates were issued
and 419 refused, no appeals to the County Court were made either by landlords or tenants.
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