Landlord and Tenant Act, 1931

Improvement certificates.

18.—(1) Where—

(a) a tenant has duly served an improvement notice and no improvement undertaking or improvement objection is duly served in respect of such notice and such tenant executes and completes in accordance with such notice the improvement mentioned therein within one year from the service of such notice, or

(b) a tenant duly executes an improvement in accordance with an improvement order and completes such improvement within the time limited in that behalf by such order or, where no such time is so limited, within a reasonable time,

the landlord of such tenant shall, on the application of such tenant within six months after the completion of such improvement, give to such tenant a certificate (in this Act referred to as an improvement certificate) in writing in the prescribed form certifying that such improvement has been duly completed in accordance with such improvement notice or improvement order, as the case may be.

(2) Where a tenant has duly applied under this section to his landlord for an improvement certificate and such landlord does not give such certificate to such tenant within one month after such application, such tenant may apply to the Court, and on the hearing of such application the Court may make such order as justice shall require, including an order declaring that such improvement was duly made in accordance with the improvement notice or improvement order, as the case may be.

(3) An improvement certificate shall, as against the landlord by whom it is given and every of his successors in title, be conclusive evidence that the improvement mentioned in such certificate was duly executed and completed by the tenant to whom such certificate is given and that all relevant provisions of this Act or any order or notice thereunder were duly complied with by such tenant in respect of such improvement.

(4) Where the tenant of a tenement executes work on such tenement in pursuance of an order of a sanitary authority under the Public Health Acts, 1878 to 1931, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, and such work is an improvement within the meaning of this Act, such tenant shall not be entitled to an improvement certificate under the foregoing provisions of this section in respect of such improvement, but shall be entitled to obtain from such sanitary authority, within six months after the due completion of such work in accordance with such order, a certificate (in this Act referred to as a sanitary improvement certificate) in writing in the prescribed form certifying that such work was executed in pursuance of and completed in accordance with an order of such sanitary authority.

(5) A sanitary improvement certificate shall, as against the landlord of the tenement to which it relates, be prima facie evidence of the matters which such certificate purports to certify.

(6) A landlord or sanitary authority to whom an application for an improvement certificate or sanitary improvement certificate (as the case may be) is made under this section may demand, as a condition of the giving of such certificate, the payment to him or them by the tenant by whom such application is made of the expenses, calculated according to the prescribed scale, incurred by him or them in relation to the giving of such certificate.