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Qualification Certificates
Part III of the Housing Act, 1969, which came into force on
the 24th August, 1969, provides for the conversion of controlled
tenancies into regulated tenancies under the Rent Act, 1968,
where the dwelling to which the tenancy relates is certified by
the Local Authority on the application of the landlord to be
provided with all the standard amenities for the exclusive use
of its occupants, to be in good repair having regard to its age,
character and locality and disregarding internal decorative repair,
and to be in all other respects fit for human habitation. The
'Fair Rent' procedure under the 1968 Rent Act, then becomes
applicable to the tenancy.
The Local Authority may only entertain an application for a
Qualification Certificate where: —
1. The dwelling has at all times since the commencement of
the Act been provided with all the standard amenities; or
2. Any of the standard amenities previously lacking were
provided by means of works begun before the commencement
of the Act; or
3. The application is made, whether or not in conjunction
with a standard or discretionary Improvement Grant
application, before any works are begun for providing the
dwelling with the standard amenities which it lacks.
The application must state the name of the tenant under the
controlled tenancy, what works are required to satisfy the
qualifying conditions, and must be accompanied by plans and
specifications of those works. The Local Authority must send a
copy of the application to the tenant and in case 1. and 2. above,
must give the tenant the opportunity of making representations
that the dwelling does not satisfy the qualifying conditions. After
considering any representations, the Local Authority must either
issue the Qualification Certificate, or refuse to do so and must
in either event notify both the applicant and the tenant.
In case 3. mentioned above, if it appears to the Local
Authority that the dwelling will satisfy the qualifying conditions
when the works specified in the application have been carried
out, they shall approve it provisionally and notify both the
applicant and the tenant. A landlord whohas obtained a Certificate
of provisional approval may then apply for a Certificate of fair
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