Housing Repairs and Rents Act 1954

Sections 23, 25, 30, 46.

SECOND SCHEDULE Proof of Past Repairs by Landlord

1 Subject to the provisions of the next following paragraph, the declaration mentioned in paragraph (b) of subsection (1) of section twenty-five of this Act is a declaration that during such period of twelve months as may be specified in the declaration, being a period falling within the fourteen months ending with the date of service of the notice of increase accompanying the declaration (which date is hereinafter referred to as " the relevant date "), work of repair of a general description specified in the declaration has been carried out on the dwelling-house to a value not less than three times the amount of the statutory repairs deduction for the dwelling-house.

2 Where the relevant date falls within four months of the commencement of this Act, the declaration required by the said paragraph (b) to accompany a notice of increase may, in lieu of being such a declaration as is specified in the foregoing paragraph, be a declaration that during such period of three years as may be specified in the declaration, being a period falling within the four years ending with the relevant date, work of repair of a general description specified in the declaration has been carried out on the dwelling-house to a value not less than six times the amount of the statutory repairs deduction.

3 Where—

(a) under the terms of the tenancy, if the dwelling-house was let at the relevant date, or,

(b) under the terms of the last subsisting tenancy, if the dwelling-house had been let before the relevant date but was not let at that date,

the landlord is or was responsible in part only for the repair of the dwelling-house, the two foregoing paragraphs shall have effect respectively with the substitution for the values therein mentioned of those values proportionately reduced.

4 (1) Within twenty-eight days after the relevant date the tenant may apply to the county court to determine whether work of repair has been carried out on the dwelling-house during the period specified in the declaration to a value not less than that so specified and whether that value is at least the value required by the foregoing provisions of this Schedule ; and if on such an application the court is not satisfied that work of repair has been carried out as aforesaid and that the value specified in the declaration is at least the value required as aforesaid, the court shall certify accordingly and thereupon the notice of increase shall be, and be deemed always to have been, of no effect.

(2) Where, on such an application as aforesaid, it is necessary for the court to determine the extent to which the landlord is or was responsible for the repair of the dwelling-house,—

(a) section thirty-two of this Act shall apply to that determination, and

(b) notwithstanding anything in subsection (5) of section twenty-three of this Act, the determination shall have effect (so fax as relevant) for the purposes of that section.

5 Subject to the provisions of the last foregoing paragraph, the service with a notice of increase of such a declaration as is required by this Schedule shall be treated for the purposes of subsection (1) of section twenty-three of this Act as the production of satisfactory evidence that work has been carried out as mentioned in paragraph (b) of that subsection ; and subject as aforesaid the validity of a declaration shall not be questioned on the ground that the value of the work of repair stated in the declaration to have been carried out on the dwelling-house is less than that required by the foregoing provisions of this Schedule.

6 If in such a declaration any person makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular he shall be liable on summary conviction to a fine not exceeding thirty pounds.

7 (1) For the purposes of this Schedule work which enured solely for the benefit of the dwelling-house shall be treated as having been carried out on the dwelling-house notwithstanding that the site of the work was not comprised in the dwelling-house.

(2) For the purposes of this Schedule work which enured for the benefit of the dwelling-house and also of other premises shall, whether the work was carried out on a site comprised in the dwelling-house or elsewhere, be treated as having been carried out on the dwelling-house to a value equal to such proportion of the value of the work as ought to be apportioned to the dwelling-house.

(3) In the case of a building containing two or more dwelling-houses the landlord may elect that for the purposes of this Schedule the value of the work carried out on each of the dwelling-houses during any period shall be determined as follows:—

(a) there shall be ascertained the aggregate value of all work of repair carried out during that period either on the building or so as to enure solely for the benefit of premises comprised in the building;

(b) the value of the work of repair carried out during that period on any of the dwelling-houses comprised in the building shall be taken to be an amount which bears to the amount of the statutory repairs deduction for that dwelling-house the same proportion as the aggregate value mentioned in the last foregoing sub-paragraph bears to the aggregate of the amounts of the statutory repairs deductions for all the dwelling-houses comprised in the building.

8 For the purposes of this Schedule work shall be disregarded—

(a) if or in so far as it was carried out by and at the cost of the tenant or any predecessor in title of his, or by and at the cost of any person claiming under the tenant or any predecessor in title of his ;

(b) if or in so far as the cost thereof has been or will be reimbursed under Part I of the War Damage Act, 1943.