65BDamage to premises—investigation by Secretary

65B Damage to premises—investigation by Secretary

65B Damage to premises—investigation by Secretary

(1) On application in writing by a landlord, the Secretary may cause an investigator to investigate whether the tenant—

(a) has intentionally or negligently caused or permitted damage to the residential premises, and

(b) without reasonable excuse, has refused or failed to repair, or satisfactorily repair, the damage.

(2) An application may only be made under this section if—

(a) the landlord has requested the tenant by notice in writing to repair damage to the residential premises intentionally or negligently caused or permitted by the tenant, and

(b) the written notice contains particulars of the damage, and

(c) the tenant has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, and

(d) the application is accompanied by the fee (if any) prescribed by the regulations.

(3) An investigation may be carried out only if the tenant has consented to the investigation within 7 days of being requested by the Secretary to do so.

(4) If, after an investigation is completed, the Secretary is satisfied that the tenant—

(a) has intentionally or negligently caused or permitted damage to the residential premises and, in doing so, has breached the residential tenancy agreement, and

(b) has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage,

the Secretary may, by notice in writing, order the tenant to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a tenant rectification order).

(5) The tenant rectification order—

(a) may specify conditions to be complied with by the landlord before the requirements of the order must be complied with, and

(b) may specify stages in which the requirements of the order must be complied with, and

(c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the landlord’s compliance with any condition referred to in paragraph (a), and