Section 31: Complaint for disrepair

31. Complaint for disrepair (1) A tenant of any premises may apply to the Court for a declaration that the premises are not, in all respects, reasonably fit for use or occupation or are otherwise not in a reasonable state of repairs. (2) The Court, on being satisfied that— (a) a complaint under subsection (1) is established; (b) the tenant is not under any express or other lawful liability for the repairs requested; and (c) the condition of the premises is not due to any default, neglect or breach of the tenancy agreement by the tenant or any person residing or lodging with him or in his employment, may, subject to subsection (3), order the landlord to effect the necessary repairs within such period as the Court may determine. (3) Before making an order under subsection (2), the Court shall take into account the nature and extent of the repairs to be effected and all the other circumstances, including the financial situation of the landlord, with due regard for the availability of loans to finance the repairs, of labour and of materials. (4) Where the Court makes an order under subsection (2), it may reduce the rent payable for the premises by such amount as it may determine until such time as it is satisfied that the order has been complied with. (5) Any rent fixed pursuant to subsection (4) shall, for its duration, be deemed to be the fair rent of the premises.