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certificate is in force no sum is recoverable by way of repairs increase in
respect of the premises.
If, after the local authority have granted a certificate of disrepair, the
landlord executes to their satisfaction any necessary works, the landlord is
entitled to have the certificate revoked by the local authority. In that
event, the repairs increase will again become payable as from the date of the
revocation of the certificate.
SECTION 27 (Application of last foregoing section to certain increases under
Rent Acts). By this section the provisions of section 26 are applied to
certain increases under the Rent and Mortgage Interest (Restrictions) Acts.
The relevant provisions of these latter Acts are now repealed, and the new form
of certificate of disrepair applies in these cases also. Any certificate of
a sanitary authority under the Rent Acts that a dwelling-house is not in a
reasonable state of repair, if in force immediately before the commencement of
the Housing Repairs and Rents Act, continues in force and to have effect as if
it were a certificate of the local authority given under section 26 of that
Act, that the dwelling house fails to fulfil both the conditions justifying an
increase of rent.
SECTION 30 (Responsibility of landlord for repairs). This section provides
that the landlord shall be deemed as between himself and the tenant to be wholly
responsible for the repair of a dwelling-house in any case where the tenant is
under no express liability to carry out repairs. Subsection 3 states that
where neither the landlord nor the tenant is under an express liability to carry
out internal decorative repairs the landlord may make an election not to be responsible
for such repairs, and if he has served notice of such election on the
tenant, the local authority, in considering the granting of a certificate of
disrepair, is required to disregard the state of the internal decorative repair
unless it is such as to make the premises not reasonably suitable for occupation.
SECTION 31 (Supplementary provisions as to repair). This section provides -
(a) that in considering whether or not a house is in good repair, there
is to be disregarded any defect due to any act, neglect or default by
the tenant, but the local authority are not however required to go
into the respective obligations of the landlord and tenant when
deciding to grant or revoke a certificate of disrepair;
(b) that in the case of a dwelling-house which is a part only of a building,
the house shall not be treated as in good repair unless any
entrance, staircase or other part of the building which the tenant of
the dwelling-house requires to use in connection with his occupation
of the dwelling-house is also in good repair.
SECTION 49 (Interpretation of Part II) gives the following definitions:"Local
Authority", in relation to any premises, means the council of the
county borough, county district or metropolitan borough in which the
premises are situated or, if the premises are situated in the City of
London, the Common Council of the City of London.
"Good Repair", in relation to any premises, means that having regard to the
age, character and locality of the premises they are in good repair both as
respects structure and as respects decoration.
"Repair" includes maintenance, but does not include improvement or structural
alteration or the provision of additional or improved fixtures or fittings,
and "repair" shall be construed accordingly.
PART III
(Miscellaneous and General Provisions)
This part of the Act inter alia repeals certain provisions of the Rent and
Mortgage Interest Restrictions Acts, 1920 to 1939, the Housing Act, 1936, the
Public Health tLondon) Act, 1936, and the Housing Act, 1949.