Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James.
- Great Britain
- Date:
- 1958
Licence: Public Domain Mark
Credit: Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James. Source: Wellcome Collection.
77/596 (page 49)
![SECTION 9 Housing Act, 1949, and by s. 54 (4) of, and the Fifth Schedule to, the Housing Repairs and Rents Act, 1954. The Act of 1949 removed references to the working classes and the Act of 1954 removed the words “ in any respect ”’ before “‘ unfit for human habita- tion ’’; see Chapter 3 of the Introduction, at p. 16, ante. Sub-ss. (2) and (3) contain provisions formerly in ss. 9 (2) and 23, respectively, of the Act of 1936. Sub-ss. (3) and (4) of s. 9 of the 1936 Act are now reproduced in s. 39, post. Sub-s. (3), supra, should be compared with s. 16 (7), post, derived from the same section of the 1936 Act. General Note. This section and ss. 10-12, post, contain the “‘ repairs notice ”’ procedure, as it is sometimes called, aimed at securing the execution of works to an unfit house so as to render it fit for human habitation. This procedure is appropriate where such works can be done at reasonable expense; when this is not possible, a demolition order, or one of the alternatives provided under ss. 16-32, post, is called for. As to the relation between this Act and other statutes, see s. 188, post, and Salisbury Corporation v. Roles, [1948] W.N. 412. Local authority. Sees. 1, ante, and as to London, s. 41, post. Upon consideration. The local authority must approach the matter “‘ in a judicial spirit ’’ (cf. Hall v. Manchester Corporation (1915), 84 L.J. Ch. 732; 38 Digest 212, 470), but its decision is not subject to review in the courts, except on appeal by a person aggrieved by a notice as provided by s. 11 (1), post. On such an appeal the county court’s powers in effect allow a complete review of the matter; sees. 11 (3), post. Under this section there is no requirement that the authority’s members, or com- mittee members, should themselves inspect the property or consult with or hear any owner or other interested person, but there is nothing to prevent these things being done, before a notice is served. (Under s. 16, post, persons served with a notice under that section have a right to be heard at a sprcpmmary, stage, before action is taken under s. 17, post). Official\representation. J.e¢., a written representation by the medical officer of health; see s. 157 (4), (5), post. Note that this is not the only information on which an authority may act. The medical officer of health will have regard to the matters relevant under s. 4, ante. On some of these, e.g., questions of repair and stability, or as to the cost of repair being reasonable (s. 39 (1), post), the authority’s surveyor may well assist the medical officer or prepare his own report to the authority. Satisfied. As to the meaning of this word, see Fletcher v. Ilkeston Corporation (1931), 96 J.P. 7, C.A.; Digest Supp. (decided on a section corresponding to s. 16, post) ; Cohen v. West Ham Corporation, [1933] Ch. 814, C.A.; Digest Supp.; and Johnson v. Leicester Corporation, [1934] 1 K.B. 638, C.A.; Digest Supp. Cf. also, Re City of Plymouth (City Centre) Declaratory Order, 1946, Robinson v. Minister of Town and Country Planning, [1947] 1 All E.R. 851, C.A.; 2nd Digest Supp. (decided on s. 1 of the Town and Country Planning Act, 1944); Re Beck and Pollitzer’s A pplication, [1948] 2 K.B. 339; 2nd Digest Supp. (decided on s. 15 (1) of the Requisitioned Land and War Works Act, 1945); and Thorneloe and Clarkson, Lid. v. Board of Trade, [1950] 2 All E.R. 245; 2nd Digest Supp. (decided on s. 1 (4) of the Industrial Organisation and Development Act, 1947). Inconsidering the last three cases, cited supra, however, it must be remembered present section. House. For meaning of “ house’”’ generally in this Act, see s. 189 (1), post; in this section see also sub-s. (3), swpva, as to temporary and moveable dwellings. Note that a single house may contain more than one dwelling (e.g., two or more sets of rooms which might each be a separate dwelling under the Rent Acts). Separate notices under the present Act are not needed for each such dwelling, but, apart from this, each house must be considered separately. As to parts of buildings and underground rooms, see S..16' (1), Post. Unfit for human habitation. Sees. 4, ante, as to matter to be considered. S. 5, ante, deals with back-to-back houses, which are deemed to be unfit in most circum- stances; these, however, will not normally be dealt with under the present section, in view of para. (b) of sub-s. (1), supra; i.e., back-to-back houses, it is thought, cannot normally be made fit by works under this section. They shall. Sees. 2, ante, as to the authority’s duty to have regard to proposals, as to the carrying out of their functions, approved by the Minister. Reasonable expense. By s. 39 (1), post, it is provided that regard shall be had ‘ to the extimated cost of the works necessary to render the house fit, and to the value which the house will have when the works are completed. Some information on these matters must therefore be before the authority. - Detailed estimates, however, are not required; see Bacon v. Grimsby Corporation, [1949] 2 All E.R. 875, C.A.; 2nd Digest Supp., and Cohen v. West Ham Corporation, [1933] Ch. 814, C.A.; Digest Supp. The “ value ’’ of the house when the works have been executed means the freehold value; see Bacon v. Grimsby Corporation, supra. On an appeal to the county court, the judge may form his own idea of what is a reasonable expense, and may do so by reference to the date of hearing; see Fletcher v. 4 C6](https://iiif.wellcomecollection.org/image/b32185844_0077.jp2/full/800%2C/0/default.jpg)
