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.

    91/596 (page 63)
    SECTION 16 Sylvester (1873), L.R. 8 Q.B. 368; 39 Digest 205, 948; Scottish Widows’ Fund v. Craig (1882), 20 Ch.D. 208; 39 Digest 203, 927; Booth v. Smith (1883), 47 J.P. 759; 39 Digest 206, 960; Christie v. Barker (1884), 53 L.J. Q.B. 537; 39 Digest 170, 6rr; Booth v. Smith (1884), 14 Q.B.D. 318; 39 Digest 170, 614; Searle v. Cooke (1890), 43 Ch.D. 519; 39 Digest 205, 954; Pertwee v. Townsend, [1896] 2 Q.B. 129; 39 Digest 206, 961; Re Herbage Rents, Greenwich, Charity Commissioners v. Green, [1896] 2 Ch. 811; 39 Digest 207, 966). _ The Law of Property Act, 1925, s. 121 (20 Halsbury’s Statutes (2nd Edn.) 691), provides that a rentcharge may be recovered by distress if unpaid for twenty-one days after the time appointed for payment; by entry and receipt of the rent and profits if unpaid for forty days; and in the like case by demise by deed to a trustee for a term of years on trust by mortgage, sale, or demise, for all or any part of the term of the land charged, or any part thereof, or by receipt of the income thereof, or by all or any of those means, or by any other reasonable means to raise and pay the annual sum, and any arrears thereof, and all costs and expenses. Distress may be barred under the Limitation Act, 1939 (13 Halsbury’s Statutes (2nd Edn.) 1159), if the rentcharge has not been paid for the statutory period (Jones v. Withers (1896), 74 L.T. 572; 32 Digest 418, 949). If the land falls into the possession of a company which is being wound up, see, as to the right of proof for arrears, Re Blackburn and District Benefit Building Society, Ex parte Graham (1889), 42 Ch.D. 343; 39 Digest 206, 964. Sub-s. (4). Benefit ... may be... transferred. As to the transfer of mortgages, see ss. 114 and 118 of the Law of Property Act, 1925 (20 Halsbury’s Statutes (2nd Edn.) 681, 689). No form of transfer has been prescribed by the Minister. Sub-s. (5). Owner. For definition, see s. 189 (1), post. \ Sub-s. (6). House. For definition, see s. 189 (1), post. Absolute owner. J.e., within the meaning of the Yorkshire Registries Act, 1884 (not the definition of “‘ owner ’”’ in s. 189 (1), post). Land Charges Act, 1925. See s. 10 (1) of that Act, as to Class A land charges (20 Halsbury’s Statutes (2nd Edn.) 1076). Yorkshire Registries Act, 1884. 20 Halsbury’s Statutes (2nd Edn.) 1107. Unfit premises beyond repair at reasonable cost 16. Power of local authority to accept undertaking as to recon- struction or use of unfit house.—(1) Where a local authority, on con- sideration of an official representation, or a report from any of their officers, or other information in their possession, are satisfied that any house— (a) is unfit for human habitation, and (b) is not capable at a reasonable expense of being rendered so fit, they shall serve upon the person having control of the house, upon any other person who is an owner thereof, and, so far as it is reasonably practicable to ascertain such persons, upon every mortgagee thereof, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future user of the house, which he may wish to submit will be considered by them. (2) Every person upon whom such a notice is served under subsection (1) of this section shall be entitled to be heard when the matter is so taken into consideration. (3) A person upon whom such a notice is served under subsection (I) of this section shall, if he intends to submit an offer with respect to the carrying out of works,— (a) within twenty-one days from the date of the service of the notice upon him, serve upon the authority notice in writing of his intention to make such an offer, and (0) within such reasonable period as the authority may allow, submit to them a list of the works which he offers to carry out.