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44
Certificates of Disrepair
The Rent Act,1957. which came into force on the 6th July,
1957. introduced a revised and more involved procedure for obtaining
a rent abatement where premises are not in a satisfactory
state of repair. The Act also brought about an important change
in the standard which could be required. It is no longer possible
to take into account many defects which may warrant action under
the Housing Acts such as rising dampness due to the absence of
dampproof courses, settlement and lack of natural lighting.
A notice of increase in rent (except for rates improvements,
etc.)is void if it is served at a time when the premises are in a
clearance area or there is a demolition or closing order on the
premises or there is an outstanding notice under S 9 of the Housing
Act,1936 or S. 94 of the Public Health Act 1936 Also if one
of these conditions should apply after service of the notice of
increase but before it takes effect no increase will be recoverable
until the premises are freed from that state
Revised Procedure
1. Tenant must serve List of Defects of Repairs on owner
2. Landlord is allowed six weeks in which either to remedy defects
or submit an Undertaking so to do
3. If after six weeks the landlord has done neither tenant may
apply to Council for Certificate of Disrepair sending a copy
of the notice he served on the landlord and paying a fee of
2/6d.
4. If Council satisfied a Certificate is warranted they must
notify owner to this effect and list those defects contained
in the tenant's original notice which they consider should be
remedied There is no power to add defects to the list sub
mitted by the tenant.
5. The landlord is allowed three weeks in which to submit an
undertaking to remedy the defects
6. The Council may refuse to accept landlord s undertaking if
(a) a certificate of disrepair in respect of the premises has
previously been issued against him under the Rent Act,
1957;
(b) he has previously defaulted under a repairs notice issued
by a local authority in respect of the premises under
Section 9 of the Housing Act,1936.