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of the street adjoining or nearest to the room, is, for the purpose of
Sec. 17 (7), to be deemed to be a dwelling so dangerous or injurious
to health as to be unfit for human habitation if the room either:—
(a) Is not at least on the average 7ft. high, or,
(b) Does not comply with such Regulations as the Council
with the consent of the Board may prescribe for securing
the proper ventilation and lighting of such rooms and
the protection of the rooms against dampness, exhalation
and effluvia.
As there are a considerable number of such premises in the
Borough, numerous examples of the illegal occupation of which come
to light from time to time, the Committee will no doubt take an
early opportunity of framing for the approval, as required, of the
Local Government Board, a suitable code of regulations. (See
copy).
The new Order, it will be seen, is a document of the highest
importance to Local Authorities, and although for purposes of this
report it only refers to procedure under Sec. 17 of the Act of 1909,
dealing with Closing Orders and Demolition Orders, it is necessary
to point out to the Committee the position in regard to the administration
of the Section in their district. To warrant the making
of a Closing Order under the Section, the house must be in a condition
"so dangerous or injurious to health" as to be unfit for
human habitation. There is no definition in the Housing Acts,
however, as to what constitutes "unfitness," though in the 1909
Act such a definition is provided in the case of underground rooms
which under Sec. 17 (7) are deemed unfit if they do not comply
with the Section and the Regulations made thereunder.
The general test of unfitness under these enactments appears
to be the existence of one or more conditions which are capable
of being dealt with as a nuisance under the Public Health Acts,
rendering the premises or any apartment therein unfit for habitation.
Danger or injury to health does not necessarily include structural
defects, e.g., defects to stairs, floors, &c., which make the house
unsafe. In London mere dilapidation is dealt with, if at all, under
the Building Acts (Sec. 102-117), but in considering the question of
unfitness regard would be had to and would include dirt and vermin,
dampness of roofs, walls or floors, defective drains, noxious effluvia
rising from the site, and inadequate light and ventilation.
It will be open to the Committee in regard to houses which are
not in such a state as to warrant proceedings being taken under
Sec. 17, to deal with such houses under Secs. 14, 15 and 16 of the
same Act. Under these Sections the provision as to fitness implied
in the letting of houses in London has been extended from £20 per