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Where assistance is given under Part II, the Act introduced a
new system of grants which can be claimed as a right, provided the
standard amenities, viz.:
(a) fixed bath or shower in bathroom,
(b) a wash hand basin,
(c) a hot water supply,
(d) a water closet in or contiguous with the dwelling,
(e) satisfactory facilities for storing food,
are introduced for the exclusive use of the occupants of the property
in question and that the dwelling will be fit for human habitation
for at least 15 years.
The Housing (Underground Rooms) Act, 1959.—The purpose
of this Act, operative from the 14th june, was to restore to local
authorities the powers which they previously had under Section
12 (2) of the Housing Act, 1936. and subsequently consolidated in
Section 18 (2) of the Housing Act. 1957. to close insanitary basement
rooms.
Procedure under Housing Act, 1957.—The following
representations were made under Part II of the above Act during
1959 :—
Section 18.—Part of building unfit for human habitation, i.e.
a room, the surface of the floor of which is more
than 3 ft. below adjoining ground level and
defective in matters listed in Section 4 of the
said Act.
8, Georgette Place, S.E.10.
4. King George Street. S.E.10.
The Council's powers to close underground rooms were
originally provided by Section 12 of the Housing Act, 1936, but in
a Judgement of May 1957, the Court of Appeal took the view that
as a result of the Housing Repairs and Rents Act, 1954, the exercise
of these powers had become subject to the application of the genera)
standards of fitness itemised in Section 4 of the Housing Act, 1957.
Underground room regulations previously made by local authorities
under Section 12 (2) (b) of the 1936 Act therefore became virtually
ineffectual.
This legal interpretation deprived local authorities of a simple,
quick and effective means of obtaining the closure of unhealthy
underground rooms and representations made to the Minister of
Housing and Local Government indicating the restricting nature of
the recent legislation resulted in the Housing (Underground
Rooms) Act, 1959, which restored the former position.