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.

    83/596 (page 55)
    SECTION 11 shall be taken by the local authority to enforce any notice, demand or order in relation to which an appeal is brought before the appeal has been finally determined. (2) On an appeal under paragraph (b) or paragraph (c) of the foregoing subsection no question shall be raised which might have been raised on an appeal against the original notice requiring the execution of works. (3) On an appeal to the county court under this section the judge may make such order either confirming or quashing or varying the notice, demand or order as he thinks fit and where the judge allows an appeal against a notice requiring the execution of works to a house, he shall, if requested by the local authority so to do, include in his judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense. NOTES History. Sub-s. (1) contains provisions formerly in s. 15 (1) (a)—(c) of the Housing Act, 1936; sub-s. (2) contains provisions formerly in proviso (i) to s. 15 (1) of that Act; and sub-s. (3) contains provisions formerly in s. 15 (2) (a) and (b) of that Act. The provisions of s. 15 (3)—(5) of the 1936 Act, so far as relevant for present purposes, will now be found reproduced in ss. 37 and 38, post. As to other provisions of the present Act derived from s. 15 of the Act of 1936, or that section applied by later Acts, see the Table of Repeals and Replacements (Appendix I, post). General Note. This is the first of several sections, in the present Act, all derived from s. 15 of the Act of 1936, conferring a right of appeal to the county court against notices, demands, orders, etc., under this Part (Part II) of the Act; see also s. 72 (3) in Part III and s. go (3) in Part IV, post, dealing with obstructive buildings and the overcrowding of houses let in lodgings, respectively. Grounds of appeal under this section. The following general grounds of appeal are suggested. They should be supplemented with any more particular grounds available. It is customary to add, to cover any matter overlooked, a further general ground to the effect that “‘ the authority have acted unreasonably ’’. As to the repeal of certain local Act provisions, see s. 4 (2), ante. A. Against a“ vepairs’’ notice (s. 9, ante, and sub-s. (1) (a), supra) :— (1) That the building in question is not a house [alternatively in the case of a notice under s. 9, ante, as applied by s. 18 (1), post, that the premises are not a part of a building or underground room as mentioned in that subsection]. (2) That the house is not unfit. (3) The specified works in the notice are excessive or unreasonable or are not the proper method of dealing with the house. (4) That the specified works do not relate to matters relevant to unfitness under S. 4 or Ss. 5, ante. [See Cochrane v. Chanctonbury Rural District Council, [1950] 2 All E.R. 1134, C.A.;. 2nd Digest Supp.] (5) That the house cannot be made fit at reasonable expense. [See s. 39 (1), post; and note sub-s. (3), supra, and s. 12, post.] B. Against a local authority's demand for recovery of expenses (s. 10 (3), ante, and sub-s. (1) (b), supra) :— 1) That the repairs notice (or that notice as varied by the court) was complied with. ) That the authority’s expenses arise from works different from those specified in the notice (or in the notice as varied by the court). 3) That the expenditure incurred was unreasonable. 4) That the appellant is neither the person having control nor a principal or bene- ficiary liable under s. Io (3), and is therefore not liable to pay. ) That the appellant is an agent or trustee whose Jiability is limited under s. 10 (3), proviso, and he is not liable to pay any part of the sum demanded (alter- natively, any more than the sum of f. . ., the moneys he has, or has had, in his hands). C. Against an order with respect to the local authority's expenses (s. 10 (5), ante, and sub-s. I (c), supya):— (1) That the repairs notice (or that notice as varied by the court) was complied with. 2) That the authority’s expenses arise from works different from these specified in the notice (or in the notice as varied by the court). ) That the expenditure incurred was unreasonable. ) That the expenses ought not to be declared recoverable by instalments. ) That the terms of the order are unreasonable [here specify the matters complained of, e.g., the period for repayment is too short, the instalments should be weekly, not monthly, or as the case may be}. (6) That the effect of the order would be unjust as between owner and occupier. ~~ — =) 4 “)