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
Catalogue details

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.

    80/596 (page 52)
    No. 109.—HOUSING (6) Any interest payable under subsection (3) or subsection (5) of this section shall be at such rate as the Minister may, with the approval of the Treasury, from time to time fix for the purposes of either or both of those subsections by order contained in a statutory instrument. (7) The amount of any expenses and interest thereon due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred, and the local authority shall for the pur- pose of enforcing that charge have all the same powers and remedies under the Law of Property Act, 1925, and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. (8) The power of appointing a receiver under the last foregoing subsection shall be exercisable at any time after the expiration of one month from the date of the service under subsection (3) of this section of a demand for the expenses charged on the premises. (9) No action taken under this or the last foregoing section shall prejudice or affect any other powers of the local authority, or any remedy available to the tenant of a house against his landlord, either at common law or otherwise. NOTES History. Sub-ss. (1)—(7) and (9) contain provisions formerly in s. 10 of the Housing Act, 1936, and sub-s. (8) contains provisions formerly in s. 13 of the Housing Repairs and Rents Act, 1954. In addition, sub-s. (6) reproduces the effect of the Statutory Instruments Act, 1946, s. I (2). General Note. This section provides for the enforcement of ‘“‘ repairs’’ notices served under s. 9, ante.. If the works are not carried out, the authority may themselves do the works (sub-s. (1), supra). It is an offence to obstruct the authority in the cir- cumstances mentioned in sub-s. (2), supra. The local authority’s expenses may be recovered from the person having control (or from his principal or beneficiary where the person having control is an agent or trustee) (sub-s. (3), supra). Sub-s. (3), proviso, contains a provision protecting such an agent or trustee, which was originally enacted to meet the difficulty pointed out by the-court in Watts v. Battersea Borough Council, [1929] 2 K.B. 63; Digest Supp. Expenses may also be recovered under an order providing for weekly or other periodic instalments (sub-s. (5), supra). In either case interest is payable at a prescribed rate (sub-s. (6), supra). Furthermore the amount of the expenses and interest constitutes a charge on the property (sub-s. (7), supra). A curious situation is created by sub-s. (8), supra, reproduced from the Act of 1954. It seems that a receiver may be appointed as mentioned therein although the demand under sub-s. (3) may not yet have become operative; see ss. 11 (1) (5) and 37 (1), post. Presumably if the demand is quashed or varied on appeal the receiver will be account- able to the person having control or other person entitled to any moneys he may have received. Sub-s. (1). Person having control. Sees. 39 (2), post. Time specified in the notice. Sees. 9 (1) (a) and note thereto, ante. Appeal... against the notice. Sees. 11 (1) (a), post. Confirmed with or without variation. Sees. 11 (3), post. Final determination of the appeal. Sees. 37.(2), post. Local authority. Sees. 1, ante, ands. 41, post. Work required to be done. The authority must not embark on works not specified in the notice served under s. 9, ante, or that notice as varied by the ponte as the case may be. Sub-s. (2). House. For meaning, see s. 189 (1), post, and s. 9 (3), ante. Any other person being an owner. For definition of ‘“‘ owner ’’, see s. 189 (1), post, whereunder there may be several “‘ owners’’ of a house; the definition is quite different from that of “‘ person having control”’ in s. 39 (2), post. See also s. 33 (1), post, whereunder certain owners may require the giving of notice to them of any pro- ceedings in relation to a house. Notice in writing. As to authentication, see s. 566 (2), post. ‘‘ Writing ’’ is de- fined in the Interpretation Act, 1889, s. 20 (24 Halsbury’ s Statutes (2nd Edn.) 222). Expiration of seven days from the service. The reference to “service”’ in- dicates that the word “ give’’ used earlier is equivalent to “‘serve’’; as to modes of ? service, see $s. 169 (1), post, Itis submitted that “ the expiration of seven days from the