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which is identical with the definition of owner in the Public Health (London) Act,
1891. In dealing with houses under this Section it does not appear clear to me that
you have any power to call upon the owner for large structural alterations, which
are essential if they are to be brought up to the standard now regarded as reasonable
for the working classes. There arc a number of streets in the Borough which
contain houses of the type once let to one family, and now occupied by two or more
families and to make them self-contained sanitary temements for the working classes
requires that something should be added to these houses in the nature of raising
the back addition to the top storey or the provision of a new back addition where
none exists at all, so that each tenement may have its own sanitary convenience'
larder, water, &c., under their own control. This can only be brought about in
one or two ways, by negotiation with the owner or action under section 28 of the
Act of 1919. If this fails then you must consider whether you will take any
action under section 12 and acquire the houses and carry out the necessary work
yourselves and afterwards, own, control and administer the property.
It is here important to bear in mind that our bye-laws for houses let in lodgings
were made originally by the late Vestry in 1894, and we have failed to get our bye-laws
redrafted; and. these old bye-laws have been proved to be bad in law. Under
section 26 of the Act of 1919 the County Council have to make bye-laws for these
houses, and these bye-laws must decide in most cases the requirements which will be
made in regard to such houses as come within the scope of section 28 of the Act of
1919. It would, therefore, appear advisable to begin action in the first place with
those houses which do not require structural alteration, and that the urgency of a
properly approved code of bye-laws be urged upon the County Council in order that
we may consider all houses which come under their scope.
Where structural alterations, such as the extension of or the provision of back
additions is needed to houses, so as to make them in all respects self contained
tenements, I am of opinion that you will effect very little, unless this authority is
prepared to take over the houses or do the work. The work of survey and specification
will be so great that it would be extremely helpful if the Committee will
formulate their policy at once in order that the work may be tickled in stages. The
work to be done in this way under this section involves a particularly accurate system
of procedure, because where the sanitary authority does the work in default of the
owner the cost thereof must be recovered when the work is completed, and therefore it
is of vital importance that the procedure should be strictly in accordance with the
Act, and the money so spent amply secured. There must be no legal defect in the
proceedings that would jeopardise your power of recovering the money spent.
For this purpose I would draw your attention to section 36(3) of the Act of 1909,
which is the section giving power of entry for the purpose of the Housing Acts. The
section is plain; it states that any person authorised in writing, stating the particular
purpose or purposes for which the entry is authorised by the local authority or the
Ministry, may at all reasonable times, on giving 21 hours' notice to the occupier and
to the owner (if known) of his intention, enter any house, premises, or buildings for
he purpose of survey and examination where it appears to the local authority or the