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.

    85/596 (page 57)
    SECTION 12 | aad Finding whether the house can . . . be rendered fit. If the judge finds the house cannot be rendered fit at reasonable expense, within the meaning of ss. 4 and 5, ante (as to fitness), and s. 39 (1), post (as to expense), the local authority may persist in their own view and buy the house unders. 12, infra. Ifthey so purchase compulsorily, it will be their duty to carry out the works specified in their notice. The judge determines the point on all the facts as he finds them at the date of the hearing; see Leslie Maurice & Co., Ltd. v. Willesden Corporation, [1953] 1 All E.R. FOV4, UA 3rd Digest Supp. As to the meaning of “ house ’’, see s. 189 (1), post, s. 9 (3), ante, and the note, supra, on the words “ Notice under the foregoing provisions ’’, referring to s. 18 (r1), post (parts of buildings and underground rooms). 12. Power of local authority to buy house found on appeal not to be capable of repair at reasonable cost.—(1) Where a person has appealed against a notice under this Part of this Act requiring the execution of works to a house, and the judge or court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local authority may purchase that house by agreement or may be authorised by the Minister to purchase it compulsorily; and the First Schedule to this Act shall apply in relation to a compulsory purchase under this section. (2) The Minister shall not confirm an order for the compulsory purchase of a house under this section unless the order is submitted to the Minister within six months after the determination of the appeal and if any person being an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Minister, within such period as the Minister may fix, the works specified in the notice against which the appeal was brought, the Minister shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking. (3) If the local authority purchase the house compulsorily they shall forthwith execute all such works as were specified in the notice against which the appeal was brought. (4) The compensation to be paid for a house purchased compulsorily under this section shall be the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building byelaws for the time being in force in the district, but the payment of compensation on a compulsory purchase in pursuance of this section shall be without prejudice to the making of such payment, if any, in respect of the compulsory purchase as is authorised by sections thirty and thirty-one of this Act. NOTES History. Sub-s. (1) contains provisions formerly in s. 16 (1) to (3) of the Housing Act, 1936, as affected by the Acquisition of Land (Authorisation Procedure) Act, 1946; sub-s. (2) contains provisions formerly in s. 16 (2) of the Act of 1936; sub-s. (3) contains provisions formerly in s. 16 (1) of that Act; and sub-s. (4) contains provisions formerly in s. 16 (4) of that Act as amended by s. 113 (2) of, and Part II of the Ninth Schedule to, the Town and Country Planning Act, 1947, and affected by the Slum Clearance (Compensation) Act, 1956. General Note. The object of this section is to allow the local authority to “ back to the last ditch’’ their original opinion that the house is capable, at reasonable expense, of being rendered fit for human habitation, although the judge in court has found that this cannot be done. To this end the authority may buy the house by agreement or compulsorily. If the authority buy compulsorily the compensation will be at site value (sub-s. (4), supra) with the possibility of further payments under s. 30, post, for good maintenance, or under s. 31, post, importing the provisions of Part II of the Second Schedule. If the authority buy compulsorily they will have to carry out the works (sub-s. (3), supra). Sub-s. (1). Has appealed. Sees. 11, ante. Notice . . . requiring the execution of works. Sees. 9, ante. House. For meaning, see s. 189 (1), post, and s. 9 (3), ante; and cf. s. 18 (1), post. Judge ... has found. Sees. 11 (3), ante. Rendered fit ... at a reasonable expense. Cf. the notes to s. I1 (3), ante, and see ss. 4 and 5, ante, and s. 39 (1), post.