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Part 2. Certificates of Disrepair.
The main task which fell upon the Department under Part 2 of the Act, was to deal
with applications from tenants for Certificates of Disrepair, where the landlord claimed
a repairs increase in rent, and the tenant was of opinion that the house was not in a
sufficiently good condition to justify it.
With regard to old controlled houses the provisions relating to Certificates of
Disrepair under this Act replaces those relating to the 40% increase of rent permitted
under the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920. Thus if a
tenant of a house not subject to an increase of rent under this Act applies for a
Certificate of Disrepair under the 1920 Act, the same criteria must be adopted as regards
the condition of the house as is carried out under this Act.
Before a landlord is entitled, in pursuance of Section 23 of the Act, to Increase
the rent payable in respect of a dwelling house to which the Rent Acts apply, the following
conditions must be fulfilled.
1. The dwelling house must be in a good state of repair.
2. It must be reasonably suitable for occupation, having regard to the following:-
(i) Stability,
(ii) Freedom from damp.
(iii) Natural lighting.
(iv) Ventilation.
(v) Drainage and sanitary convenience and
(vi) Facilities for the storage, preparation and cooking of food, and for the
disposal of waste water. (Section 9).
In addition to the above, in accordance with the second Schedule of the Act, the
landlord must produce satisfactory evidence that work of repair to the value specified
in the Schedule has been carried out at the dwelling house during the period so specified.
In determining whether or not to recommend to the Council to issue a certificate,
the above conditions must be taken into consideration by the officer, with one variation.
This variation arises because under Section 9 the property's state of "repair" of which
there is no definition in the Act, has to be considered, whereas under Section 26 it is
the state of "good repair" which is pertinent. "Good repair" is defined under Section 49
as meaning "having regard to the age, character and locality of the premises they are in
good repair both as to structure and as respects decoration".
The reference to age, etc., of premises in relation to good repair, would seem to
suggest that standards are likely to vary from one district to another and a house which
in its present condition might warrant a Certificate of Disrepair in one area need not
necessarily do so in another.
In considering whether a house is in "good repair" any defect due to the act,
neglect or default of the tenant is to be disregarded.
Inspectors, when preparing Schedules of Disrepair following applications for
certificates, must bear in mind the important fact that a higher standard than that
obtaining in the neighbourhood cannot be insisted upon. It is thought by many people
that such items as the provision of bathrooms and additional water closets are reasonable
items to include on a certificate. This is not so, and also in a recent Court
decision it was decided that the inclusion of a garden fence and gate were not reasonable.
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