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produced by him on applying to the local authority for a Certificate of
Disrepair.
Only defects of repair can be listed, that is to say such things for
example as broken gutters, loose slates or tiles, broken window panes, sashcords
or stair bannisters, etc., but NOT such things, for example, as damp
due to the absence of a damp course or the lack of natural lighting, etc.
Only defects which can reasonably be required to be remedied, having due regard
to the age, character and locality of the premises, can be listed.
The tenant must not include any defects for the remedying of which he is
under the terms of the tenancy himself responsible, or defects due to something
the tenant or someone for whom he is responsible has done, or something he has
failed to do when he should have done it. Nor must the tenant include defects
in the state of internal decorative repair, unless the landlord is responsible
for remedying these or has elected to be treated as if he were responsible for
them. (FORM F).
If within six weeks after the service of FORM G the landlord has neither
remedied the defects, nor given an undertaking to the tenant in the statutory
form (FORM H) to remedy them or such of them as the tenant may have agreed to
accept as sufficient, the tenant may apply to the local authority on the
statutory form (FORM I) for a certificate of disrepair; the tenant must send
with that application a copy of FORM G. A fee of 2s. 6d. payable at the time
of the application may be deducted from the rent if the certificate is granted.
The defects which may be specified in a certificate of disrepair shall not
include any defects in the state of internal decorative repair unless the
landlord is responsible for internal decorative reDairs under the terms of the
tenancy or is to be treated as responsible therefor by virtue of having so
elected.
In the case of a controlled tenancy of a dwelling which forms part of any
other premises owned by or under the control of the landlord or a superior
landlord, -
(a) any disrepair of the roof or of any other part of those premises
which results, or may result, in disrepair of the dwelling, and
(b) any disrepair of any staircase or other approach to the dwelling
contained in those premises,
shall be treated as if it were disrepair of the dwelling.
If following the receipt of an application for a certificate of disrepair,
the local authority are satisfied that the dwelling or any part thereof is in
disrepair BY REASON OF DEFECTS SPECIFIED IN THE TENANT'S NOTICE TO THE
LANDLORD, and that all or any of those defects ought reasonably to be remedied
having regard to the age, character and locality of the dwelling, they must
before issuing a certificate of disrepair serve on the landlord a notice in the
prescribed form (FORM J) stating that they propose to issue a certificate
of disrepair and specifying the defects to which it is to relate. If within
the three weeks from the date of the service of FORM J the landlord gives an
undertaking to the tenant in the prescribed form (FORM K) to remedy those
defects and serves a copy of the undertaking on the local authority, the
authority cannot issue the certificate of disrepair.
If at the expiration of three weeks the landlord either fails to give an
undertaking to remedy the defects, or gives an undertaking which the local
authority refuses to accept, a Certificate of Disrepair (FORM L) is granted and
a copy of the certificate must be sent to the landlord.
A landlord can appeal to the County Court against the decision of a local
authority to issue a Certificate of Disrepair or the inclusion of any particular
item therein, and the tenant can appeal against the local authority's
refusal to issue a Certificate or against the omission from the Certificate of
any item included in his notice to the landlord.
Power of the local authority to refuse to accept an undertaking from
landlord to remedy defects. The local authority have power to refuse to
accept an undertaking by a landlord if -