HC Deb 27 March 1957 vol 567 cc1262-3

17. In a case falling within subsection (3) of section two of this Act, except where the tenant is responsible for all repairs a notice of increase served in respect of the dwelling by the landlord referred to in the said subsection (3) shall not have effect unless either a certificate of repair has been issued to the landlord with respect to the dwelling not earlier than twelve months before the service of the notice of increase or a previous notice of increase served by that landlord in respect of the dwelling has had effect.

18.—(1) If, on an application for a certificate of repair, made by the landlord in the prescribed form and stating the name of the tenant, the local authority are satisfied that the state of repair of the dwelling is such that (without regard to paragraph 11 of this Schedule) no certificate of disrepair could be issued in respect of the dwelling, the local authority shall issue the certificate of repair and shall serve a copy of the certificate on the tenant.

(2) On any application for a certificate of repair there shall be paid to the local authority a fee of two shillings and sixpence.

19. If on an application for a certificate of repair the local authority are not satisfied as aforesaid, the authority shall send to the landlord a statement of the defects in consequence of which they are unable to issue the certificate of repair; and if on an application to the county court the landlord proves that all the defects specified in the statement are either defects for which the tenant is responsible or defects amounting only to internal decorative disrepair and for which the landlord is not responsible, the court shall order the local authority to issue a certificate of repair.

20. If after the issue of a certificate of repair a certificate of disrepair is issued in respect of the same dwelling, the certificate of repair shall be deemed never to have been issued.

21. Paragraph 15 of this Schedule shall apply to this Part of this Schedule as it applies to Part II thereof.—[Mr. H. Brooke.]

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