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.

    93/596 (page 65)
    SECTION 16 | allow a longer period than 21 days. If no notice is given of such an offer, or no list of works is submitted, under sub-s. (3), the county court judge will be unable to accept an offer as to works, on appeal under s. 20; see S. 20 (3), proviso, post. (5) The purpose of the meeting is to consider the condition of the house, and any offer as to carrying out works or as to future user. Every person served with notice of ‘‘ time and place ’’ is entitled to attend and be heard. The authority may accept an undertaking from an owner or mortgagee (i) that he will carry out works to render the house fit, or (ii) that the house will not be used for human habitation. In the latter case the undertaking is one that will be cancelled if and when the house is made fit; it somewhat resembles, but must not be confused with, a closing order under s. 17, post. The authority may also, it has been decided, accept an undertaking not precisely in either of the forms mentioned in sub-s. (4), supra, e.g., an offer to turn two unfit houses into one fit house. When considering offers of undertakings, the authority are no longer concerned about the reasonable- ness of the expense which an owner is willing to incur. They are not bound to accept any undertaking offered but, if they refuse, a person aggrieved may appeal under s. 20, post (subject, however, to s. 20 (3), proviso, when sub-s. (3), supra, has not been complied with) to the county court. If no undertaking is offered, or one is offered but broken, the authority will make a demolition order, or take other action, under s. 17, post. It will be seen that demoli- tion order procedure, under this section and ss. 17 et seq., post, differs from ‘“‘ repairs notice ’’ procedure under s. 9, ante, in that the present section provides a preliminary stage at which owners and mortgagees, and the person having control, are called into consultation with the local authority to discuss what should be done. Under s. 9, ante, the authority serve notice without the necessity of such discussions. It should also be noted that under s. 9 the authority will specify in sufficient detail in their notice the works which are to be executed and which in their opinion will render the house fit; but under the present section it is for persons served with notice of “‘ time and place ”’ to come forward, if they wish, with a list of works or other suggestions. Re-development and re-conditioning by owners. The powers of the local authority under this section are subject to the provisions of ss. 68-71, post, as to re-development and re-conditioning by owners; see s. 40, post. Sub-s. (1). Local authority. Sees. 1, ante, ands. 41, post. On 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). Under the present section the authority’s decision to serve notice of ‘‘ time and place ”’ must result fromaprvima facie satisfaction that the house is unfit and incapable of being rendered fit at reasonable expense; this must be reconsidered when the persons served are heard at the meeting. Cf. the note ‘“‘ Upon consideration ’’ to s. 9 (1), ante, and the note “‘ Satisfied ’’, znfra. The authority must also have regard to proposals approved by the Minister under the Housing Repairs and Rents Act, 1954, or to amended pro- posals; see s. 2, ante. Official representation. See the note tos. 9 (1), ante. Satisfied. Cf the note to this word ins. 9 (1), ante. In Fletcher v. Ilkeston Cor- poration (1931), 96 J.P. 7, C.A.; Digest Supp., Scrutton, L.J., said at p. 10: “ It seems to me perfectly obvious that the satisfaction with which the corporation begins is a temporary satisfaction on information then before them, open to be modified or com- pletely changed when the owner of the house gives them further information, or makes a further offer to execute certain works.’’ A similar view was expressed by Morris, L.J., in Critchell v. Lambeth Borough Council, cited in the notes to s. 18, post. It must be noted also that notwithstanding that the local authority satisfy them- selves on proper material that a demolition order ought to be made under this section, they may be overruled by a county court judge on an appeal under s. 20, post; see Fletcher v. Ilkeston Corporation, supra; Johnson v. Leicester Corporation, [1934] 1 K.B. 638; 98 J.P. 165; Digest Supp. House. For definition, see s. 189 (1), post, and note sub-s. (7), supra, as to huts, tents, etc. As to parts of buildings and underground rooms, see s. 18, post. Where two or more houses are unfit, a clearance area may be declared under Part III; sees. 42, post. Note the distinction there made between “the houses”’ and “‘ the other buildings ”’. Unfit for human habitation. Seess. 4 and 5, ante. It seems that a pair of back- to-back houses, within the meaning of s. 5, ante, might be converted into one fit house; see Johnson’s case, supra. Alternatively one might be made fit by demolishing the other. At a reasonable expense. See s. 39 (1), post, whereby regard is to be had to the estimated cost of the necessary works and to the (freehold) value of the house when the works are completed. Where the cost would be reasonable, a “‘ repairs ’’ notice under S. 9, ante, is appropriate. Under the present subsection (sub-s. (1), supra), the authority must consider the question objectively on the information before them. In Johnson 5