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62
state of disrepair for some considerable time after the service of
a section 9 notice. This appears to be due, generally, to protracted
negotiations in connection with the various claims the owner is
entitled to make. These cases are periodically reviewed and the
owner pressed to have repairs carried out, and to allow reoccupation
of the property as soon as it has been made suitable. This procedure
has been successful in most cases.
"There was an increase over the previous year in the number
of properties where it was necessary for the Council to carry out
work in default under section 10. In two properties special difficulties
were encountered in that, during the course of the work, hidden
defects of a major character were disclosed, in both cases arising from
dry rot infestation, and it was necessary to consult the District
Surveyor. This resulted in substantial additions to the specification
and cost of the work. Details of these cases were reported to the Public
Health committee at the time, but it would appear that, in the
absence of a complete knowledge of the previous history of the
premises, and owing to the fact that it is extremely difficult to assess
the extent of dry rot infestation without carrying out a comprehensive
structural investigation prior to serving the notice, it is inevitable that
occasional difficult cases will arise.
"The only appeal heard at the County Court against section 9
notices was in the case of two properties owned by the same person
in Upper Sydenham. The appeal was dismissed and the work is
almost completed."
Overcrowding (section 61)
Under section 61 of the Housing Act, 1936, the Council is
empowered to issue a licence to an occupier to enable him to remain in
possession of overcrowded premises without committing an offence.
Section 59(3) of the Act covers the case of the family whose house
becomes overcrowded in course of time owing to increases in the number
or ages of children. An occupier whose house becomes overcrowded in
such circumstances is not guilty of an offence if he applies to the local
authority for suitable alternative accommodation unless either suitable
alternative accommodation is offered to him and he refuses it or he fails,
in a particular case in which it would be reasonable and practicable to
do so, to ameliorate the overcrowding by the displacement of some
lodger or subtenant who is not a member of his family. Where
therefore, the overcrowding occurs by natural increase and the occupier
has not deliberately aggravated it by subsequently taking in additional
persons an application by him for his name to be put on the local
authority's waiting list will in general be sufficient to give him
protection.
During the year one licence was issued under section 61 on the
application of a tenant of overcrowded premises, the licence remaining
in force for a period not exceeding 12 months.