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119
BOROUGH COUNCIL OF BATTERSEA
v.
HAINES AND OTHERS.
20th February, 1922.
JUDGMENT.
In this case the Borough Council of Battersea claimed that they were
entitled under Section 28 of the Housing Town Planning etc. Act 1919
to a charge on certain premises No. 28 Arden Street Battersea for a sum
of£200 3s. Od. and that such charge was entitled to priority over any other
mortgage or encumbrance on the premises.
They also asked for an order for sale and such other relief as might
be necessary. The persons who were brought before the Court as
defendants in this action were all those persons who had any proprietary
interest in the premises namely: the freeholders, the leaseholders, and the
mortgagees.
Several of the defendants did not appear, were not represented, and
the Court had no evidence before it as to the nature of their interest in the
property.
Section 28 (s.s. 1) of the “Housing Town Planning etc. Act 1919”
provides: that If the owner of any house suitable for occupation by persons
of the working classes fails to make and keep such house in all respects
reasonably fit for human habitation—then without prejudice to other powers
the local authority may serve a notice upon the owner of such house requiring
him within a reasonable time not being less than 21 days specified in
the notice to execute such works as may be necessary to make the house
in all respects reasonably fit for human habitation.
Then there is a proviso that in certain circumstances the owner may
give notice to the local authority of his intention of closing the house for
human habitation—but no such notice was given in this case and that
proviso is not material.
S.s. 2 provides that if the notice of the local authority is not complied
with the local authority may at the expiration of the time specified do the
work required to be done and by s.s. 3 any expenses incurred by the local
authority under this Section may be recovered in a Court of Summary
Jurisdiction together with interest at a rate not exceeding f> per cent, per
annum from the date of service of a demand for the same till payment
thereof from the owner—and until recovery of such expenses and interest the
same shall be a charge on the premises.
The Borough Council being of opinion that the house in question was
a house suitable for occupation by persons of the working classes and that
the owner had failed to keep the premises reasoanbly fit for human habitation—served
upon the defendant Mr. W. ]. Milne, who was then the
registered owner of the lease of the premises, the necessary notice under
S. 28 requiring him to execute the necessary works. Mr. Milne did not
comply with the notice and the Borough Council therefore did the work
themselves at the cost of £200 3s. Od.
They then served a demand on Mr. Milne for payment of the amount
of £200 3s. Od. and as he did not pay they took proceedings against him
in the S.W. Police Court and on the 14th December 1920 the Magistrate
made an order against him for the payment of £200 3s. Od. the amount
of the expenses incurred.