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106
During 1923 the number of cases in which it was found necessary
for the Council to exercise their powers in default was 34 and the
total expenditure incurred was £6,407 6s. 1d.
It unfortunately happens that it is in the case of the more
seriously defective property that difficulty is experienced in getting
the owner to comply with the requirements of the Sec. 28 notice.
In some of these cases the property is so old, worn out, or otherwise
defective, as to be incapable of being made fit. In normal circumstances
such properties would be represented by the Medical Officer
of Health for Closing Orders under the Housing Act. Owing to
the impracticability of finding alternative accommodation for the
tenants there is no course open but for the service and enforcement
of the notice under Sec. 28. The work required to put into even
temporary state of fitness for habitation this type of house is frequently
so considerable as to make it impossible to recover the
whole of the expenditure incurred by the Council in carrying out
the necessary repairs in default of the owner.
While it is inevitable-, in view of the acuteness of the Housing
shortage, that an increasing liability must fall on the Borough
Council in regard to the repairs of such properties, it would be
desirable and prudent to restrict the works of repair in such worn
out houses to the minimum requirements necessary to render them
temporarily fit for habitation.
The process of recovery of the expenses incurred by the Housing
Authority in carrying out repairs in default of owners is in practice
found to be far from expeditious, or otherwise unsatisfactory.
Moreover, administrative and legal difficulties not infrequently
arise, notwithstanding the amending procedure provided in Sec. 10
of the Housing Act, 1923, leading to delay, confusion and sometimes
to costly litigation in the enforcement of the powers under Sec. 28.
It is satisfactory to note, however, that in Battersea, on the
whole, having regard to the extent to which the powers under this
Section of the 1919 Act have been applied, comparatively few
difficulties have been met. It has to be remembered, however,
that while these difficult cases are relatively few in number the cost
incurred in carrying out the repairs in default of the owners may be
formidable.
The need for further amendment of Sec. 28 in order to simplify
administrative and legal procedure was brought to the notice of
the Metropolitan Boroughs Standing Joint Committee by the
Borough Council, and the following amendments to Clause 10
(Repair of Houses) of the Housing (No. 2) Bill were proposed for
their consideration.
Suggested Amendment to Clause 10 (Repair of Houses):—
(i.) To add after paragraph (a)-
When such a notice is served the local authority shall
notify the service to the person from whom the