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carried out in relation thereto has been fully described in previous
Annual Reports and a summarised statement of the work carried
out under Section 28 during the year will be found on page 98
The powers under this section have proved a very potent factor
in securing effective compliance with the requirements of the
Council in badly dilapidated properties. Only in a relatively
small number of cases is it found necessary to serve notices under
the Section, and even where such action is required, it is in comparatively
few instances that, in default of the owner, the powers of the
Council have to be enforced by direct action. The majority of
owners appreciate the consideration extended to them by the
Housing Committee in allowing them to submit proposals for the
repair of their properties by informal negotiation without recourse
to the service of notices. During 1924 the number of cases in which
it was found necessary for the Council to exercise their powers
in default was 25, and the total expenditure incurred was £2,857
4s. 8d.
The difficulties associated with the recovery of expenses
incurred in the, fortunately infrequent, cases where the Council,
in default of compliance with notices served under Section 28,
have found it necessary to instruct the Works Department to
enter and carry out the necessary works of repair, have been
referred to in previous annual reports. Unfortunately the extent
of the work required to put this type of house even into a
reasonable state of fitness for habitation is so considerable as to
render it practically impossible to recover the whole of the expenditure
incurred in carrying out the repairs.
In order to avoid or reduce the loss which may be incurred in
carrying out their obligations in such cases the Council have made
representations to the Ministry of Health as to the need for
amendment of the Housing Acts so as to:—
(i.) Facilitate proceedings to recover expenses incurred by a
local authority under Section 28 of the Housing, Town
Planning, &c., Act, 1919, where the "owner" cannot
be found or ascertained.
(ii.) Make it clear that any proceeding under such section is in
order if taken against the person who is owner at the date
of such proceeding.
(iii.) Enable the local authority to deal more effectively with
individual insanitary houses by repealing the words "and
a closing order has in consequence been deemed to have
become operative in respect thereof" in Section 10 (2) (d)
of the Housing, &c., Act, 1923, and to substitute the
words "and whether or no the owner has given the notice
referred to in the proviso to such sub-section."
(iv.) Amend Section 10 (2) (e) of the Housing, &c., Act, 1923, so
as to enable the local authority when exercising their
power of sale to convey the legal estate.