RENT (NORTHERN IRELAND) ORDER 1978

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RENT (NORTHERN IRELAND) ORDER 1978 - SECT 48



48.(1) If the person on whom a certificate of disrepair is served under
Article 46 fails to comply with that certificate within the period allowed by
the district council, the council may apply to a court of summary jurisdiction
for an order under this Article.

(2) Where, on the hearing of an application under paragraph (1), it appears to
a court of summary jurisdiction that a person has failed to comply with a
certificate of disrepair within the period allowed by the district council, it
may, after affording him an opportunity to be heard, make an order requiring
him to comply with that certificate within such period as it may specify.

(3) Where a person fails to comply with an order made under paragraph (2) he
shall be guilty of an offence and liable to a fine not exceeding #400.

(4) Where an order made under paragraph (2) is not complied with, the district
council may, after serving notice of its intention to do so on the person in
breach of the order, carry out so much of the works required by the order as
has not been completed.

(5) Where, in pursuance of paragraph (4), a district council carries out any
works, the council may recover summarily as a civil debt from the person
served with the notice of disrepair specifying those works the expenses
incurred by the council in carrying out those works.

(6) In any proceedings to recover any expenses by virtue of paragraph (5) the
court may order that only so much of those expenses as it determines to be
reasonable must be paid to the district council by the person against whom the
proceedings have been instituted.

(7) Where a district council fails to recover from any person the expenses
incurred by it in carrying out works under paragraph (4), the Department may,
with the approval of the Department of Finance, pay to the council a sum not
exceeding the appropriate amount.

(8) In paragraph (7) "the appropriate amount" means

(a)the amount which, in the opinion of the Department, would have been payable
to the district council if the council had been the landlord of the premises
in question and had applied for a repairs grant for the works which it
executed, less

(b)so much of the sum recovered from the person who is liable to pay the
expenses referred to in paragraph (6) as exceeds such part of those expenses
as was incurred in respect of works for which a repairs grant would not have
been so payable.

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Northern Irish Legislation

RENT (NORTHERN IRELAND) ORDER 1978 - SECT 48