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PART II
(Repairs increase in respect of controlled dwelling-houses
and other amendments of the Rent Acts, etc.)
The following are the sections of this Part of the Act with which the
Public Health Department deals:-
SECTION 23 (Repairs increase for dwelling-house in good repair). Where a
dwelling-house is let under a controlled tenancy or occupied by a statutory
tenant, and the landlord is responsible, wholly or in part, for the repair of
the dwelling-house, then, subject to the provisions of this Part of this Act -
(a) if and so long as the following conditions (hereinafter referred to
as "the conditions justifying an increase of rent") are fulfilled,
that is to say-
(i) that the dwelling-house is in GOOD REPAIR; and
(ii) that it is REASONABLY suitable for occupation having regard to
the matters specified in paragraphs (b) to (h) of subsection (1)
of section 9 of this Act; and
(b) if in accordance with the Second Schedule to this Act the landlord
has produced satisfactory evidence that work of repair to the value
specified in that Schedule has been carried out on the dwelling-house
during the period so specified
the rent recoverable from the tenant shall be increasedSECTION 26 (Determination whether conditions fulfilled to justify increase of
rent) provides that on the service of a notice of increase of rent or at any
subsequent time the tenant may apply to the local authority for a certificate
(CERTIFICATE OF DISREPAIR) if either or both "the conditions justifying the
increase of rent" are not fulfilled. If this certificate is granted, and the
tenant has served a copy on the landlord or his agent, then so long as the
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 the 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 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 hy
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