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40
Prior to the war, it was the practice, in deciding whether or not
a house could be repaired at reasonable cost, to regard any house
where the estimated cost of the work exceeded 50 per cent of the
value of the house when repaired, as not so repairable, and action
was then started under Section 11 with a view to a Demolition Order
being made. In view, however, of the substantial increase in building
costs during and since the war, and the necessity for preserving as
many houses as possible, the Council reconsidered the matter, and
decided that each case should be considered on its merits. Accordingly,
the Housing Committee, before coming to a decision, consider
not only the estimated cost of the repairs, but also the net rent of
the house, the accommodation it provides, its estimated life, and any
other relevant factors.
In order to give owners the opportunity to deal with their houses
on a voluntary basis, and to lessen the number of formal notices
(which by reason of the rather involved procedure required by the
Act involves a considerable amount of administrative work), it is the
practice, whenever it is decided to deal with a house under the Act,
to send an informal notice to the person in control, calling his attention
to the fact that defects exist (but without specifying them), requesting
him to attend to them, and suggesting that he meets the Sanitary
Inspector at the house to discuss details. If this fails, within a
reasonable time, to produce results, a specification of the works and
an estimate of their cost is prepared and submitted to the Housing
Committee, with the other details referred to above, for their decision.
From the start of the new procedure to the end of 1949, 36 houses
were dealt with, informal notices being served in each case. In 17 of
these, the work was satisfactorily carried out without recourse to
formal action. In 10 cases, however, formal notices under Section 9
had to be served, and 5 of these were complied with. In addition,
work was in hand at the end of the year under 3 informal and 1 formal
notices. Of the remaining 4 formal notices, the times allowed for
compliance expired shortly before the end of the year, and steps were
being taken for the Council to execute the work in default. In the
remaining case the time had not expired.
Any person on whom a formal notice is served has a right of
appeal, within 21 days of service, to the County Court, but in no
instance was this right exercised.
Closing Orders.
Eleven Closing Orders under Section 12 of the Housing Act,
1936, were made during the year, nine in respect of basement rooms
and two in respect of attic rooms.
Following a survey in 1948 of all parts of houses in respect of
which Closing Orders had been made by the Council in past years,
the Housing Committee ordered proceedings to be taken in one case
of the illegal occupation of two underground rooms. Summonses
were issued against both the occupier and the landlord, and were heard
at the beginning of 1949. The case against the occupier was dismissed
under the Probation of Offenders Act, 1907. The landlord was fined
£5 for permitting the offence, and ordered to pay £2 2s. costs.