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24
HOUSING AND TOWN PLANNING ACT, 1909.
The principal sections of the Act are Sections 15 and 17.
Section 15 (l), gives the Council power to compel the landlord
of a house, let after the passing of the Act, to keep it in all respects
reasonably fit for human habitation.
Sub-section (2), gives power to enter, on giving 24 hours' notice
in writing to the tenant or occupier, for the purpose of viewing the
state and condition thereof.
General power of entry is provided for in Section 36, on giving
24 hours' notice in writing to the occupier and to the owner.
Section 17 (l), makes it the duty of the Council to cause to be
made from time to time, an inspection of their district, with the
view to ascertaining whether any dwelling house therein is in such
a state so dangerous or injurious to health as to be unfit for human
habitation.
The Order of the Local Government Board made under the
above section states that "the Council shall make provision for a
thorough inspection to be carried out from time to time, according to
the varying needs or circumstances of the dwelling houses or localities
in their district."
The Local Government Board have intimated that it will be
advisable for the Council, when practicable, to resort to the provisions
of Section 15 for securing that houses are kept by the landlord in
habitable repair, in preference to enforcing the powers conferred upon
them by Section 17 in regard to the closing and demolition of houses
which become unfit for human habitation, inasmuch as the closing
of houses involves a decreased amount of accommodation in the
district, whereas such objection is obviated by dealing with cases
under Section 15.
Broadly speaking, the great difference between the Public Health
(London) Act, 1891, and the Housing Act of 1909, is that under the
former we can only deal with defects which are a nuisance or injurious
or dangerous to health; whereas under the latter we can deal
with all "defects," such as defective, or the absence of, facilities
for cooking, washing, storage of food, &c., which would render the
premises unfit for human habitation in the ordinary acceptance of
the term, and in the event of the notice to remedy the defects not
being complied with, the Council, by resolution, can make an order
closing the premises.