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(a) a certificate of disrepair in respect of the premises has previously
been issued against him,
(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;
(c) he has not carried out an undertaking to remedy defects previously
given by him in respect of the premises or any other premises of
which he is the landlord in the area of the local authority; or
(d) he has previously been convicted of failing to comply with a Nuisance
Order or contravening a closing order or prohibition order made under
the Public Health Acts in respect of any premises in which he had an
interest.
If the landlord has failed to carry out an undertaking given on FORM K by
the end of six months, then, so long as the defects remain unremedied, the rent
must'be adjusted in the same way as if a certificate of disrepair had been
issued.
Cancellation of Certificates of Disrepair
If the landlord remedies the defects to which the certificate relates he
may apply to the local authority for the cancellation of the certificate.
(FORM M). On receiving such an application, the local authority must serve a
notice (FORM N) on the tenant informing him that unless he objects within
three weeks, the authority propose to cancel the certificate.
If no objection is received, or if in the opinion of the local authority
the objection is not justified, they shall cancel the certificate as from the
date of the landlord's application or such later date as appears to them to be
the date on which the said defects were remedied.
If the local authority consider that the defects have been remedied and
cancel the certificate accordingly, the tenant may appeal against their decision
to the County Court. If, on the other hand, they refuse to cancel the
certificate, the landlord has a similar right of appeals
Certificate as to the Remedying of Defects, Where an undertaking has been
given, the landlord or the tenant may apply to the local authority for a
certificate (FORM 0) as to the remedying of the defects the landlord has undertaken
to remedy. The local authority shall certify (FORM P) whether any, and
if so which, of the defects to which the undertaking relates remain unremedied.
A fee of 2s. 6d, is payable at the time of application.
OVERSEAS COMPANIES
Part III of the First Schedule to the Act makes special provisions with
regard to the service of Notices of Increase where the landlord is a body
corporate incorporated outside the United Kingdom.
APPLICATIONS FOR CERTIFICATES OF DISREPAIR
OR
CANCELLATION OF SUCH CERTIFICATES
(1) Certificates of Disrepair -
Number of applications received (Form I) 291
Number of notices to landlords of proposal to issue Certificate of
Disrepair (Form J) 282
Number of undertakings to remedy defects given by landlords (Form K) 144
Number of undertakings accepted 143
Number of undertakings refused 1
Number of certificates of disrepair issued (Form L) 93
Number of applications refused 8