65CBreaches of landlord’s general obligation—investigation by Secretary

65C Breaches of landlord’s general obligation—investigation by Secretary

65C Breaches of landlord’s general obligation—investigation by Secretary

(1) On application in writing by a tenant, the Secretary may cause an investigator to investigate whether the landlord in respect of those premises has breached the landlord’s obligations under section 63.

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

(a) the tenant has requested the landlord by notice in writing to carry out repairs to the residential premises necessary to provide and maintain the residential premises in a reasonable state of repair, and

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

(c) the landlord has, without reasonable excuse, refused or failed to carry out, or carry out satisfactorily, the repairs, and

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

(3) If, after an investigation is completed, the Secretary is satisfied that the landlord has breached the landlord’s obligations under section 63, the Secretary may, by notice in writing, order the landlord to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a landlord rectification order).

(4) A landlord rectification order—

(a) may specify conditions to be complied with by the tenant 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 tenant’s compliance with any condition referred to in paragraph (a), and

(d) must state the reasons for the Secretary’s decision to make a landlord rectification order, including particulars of the results of the investigation, and

(e) must indicate that the tenant and the landlord each has a right to apply—

(i) to the Secretary for a review of the Secretary’s decision to issue a landlord rectification order or the terms of the landlord rectification order, or