(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--
(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" ).
(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
(d) must state the reasons for the Secretary's decision to
make a tenant 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--
(f) must
indicate that the order will be suspended if the matter giving rise to the
order becomes the subject of an application by the tenant or landlord to the
Secretary or Tribunal.