London's Pulse: Medical Officer of Health reports 1848-1972

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City of Westminster 1965

[Report of the Medical Officer of Health for Westminster, City of]

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14
1964, i.e. work relating to houses in multiple occupation and the compulsory improvement of dwellings.
On amalgamation these Inspectors continued this work, gradually extending their activities to cover
the whole of the new City.
A senior public health inspector who had been responsible for slum clearance in the former City
of Westminster continued after amalgamation with the work required by the combined programmes
of slum clearance under Part III of the Housing Act, 1957. He also remained responsible for inspections
in connection with loans for house purchase made by the Council.
These Inspectors are each assisted by a Technical Assistant and the housing work generally is
co-ordinated and directly supervised by the Chief Public Health Inspector.
Houses in Multiple Occupation
A. Management Orders, Additional Amenities and Directions
The Housing Act, 1961 (Part II) provides a local authority with power to:—
(a) Apply a code of management to a house. This code, broadly speaking, is aimed at ensuring
the repair, cleanliness and good order of the parts of a house in common use; the proper
maintenance of the basic services, e.g. water supply and drainage; and the keeping in good
working order of installations in rooms let to tenants. Premises must be clean and in a
reasonable state of internal repair, when let.
(b) Require additional facilities and amenities, and adequate means of escape from fire. The
essential facilities to which the Act relates are lighting, ventilation, water supply, washing
facilities, sanitary conveniences and space heating. A code of practice has been adopted by
the City Council to provide a minimum standard of requirements for these facilities.
(c) Give a direction to limit the number of persons who may live in a house or part of a house
in its existing condition. A direction makes it an offence for the occupier of the house to allow
anyone to take up residence so as to exceed the specified limit. Some difficulty was experienced
owing to the use of the word "occupier" in the 1961 Act but the 1964 Act enlarged the
definition to include any person authorized to permit occupation. The limit is based on the
facilities available. As these limits apply only when premises are re-let, excessive occupation
brought about by natural increases in a family or which existed at the time the direction was
given cannot be immediately remedied by a direction.
Attention is drawn to the following points concerning these directions:—
(i) When this action is taken it is effective only as and when the occupation changes and therefore
does not necessarily mean an immediate reduction of numbers in the house in question.
It does not call for the displacement of families with a consequent rehousing problem.
(ii) As an alternative to the use of statutory action requiring the provision of additional facilities
for existing tenancies when these are based on an unsatisfactory sub-division of the house,
a direction is to be preferred as tending to bring about an eventual reduction in the overall
occupation.
(iii) The extensive use of the power to apply limits restricting the future occupation does not
produce necessarily an immediate improvement on the situation. On the other hand, as
such action is taken in lieu of requiring the provision of further amenities, the initiative is
then with the owner, to instal additional facilities and apply to the Local Authority for a
revised direction if he so desires.
(iv) The 1964 Act provided the Local Authority with an alternative. It became possible to require
the provision of additional amenities in accordance with Section 15 of the 1961 Act for a
lesser number of persons than the number in residence at the time and apply a limit to the
future occupation based on these requirements.
This, in some cases, has proved to be the most appropriate action and is the only power
that is available to enable the Local Authority to influence the future pattern of lettings in
a house in multiple occupation. The owner can still exceed the numbers suggested by the
Authority if he provides amenities for the greater number.
(v) Following legal proceedings taken for contravention of directions, it became clear that
factual evidence would have to be produced as to the actual date the offence was committed—
the date, in fact, on which "residence was taken up". It will be appreciated that the production
of this evidence must present difficulties as the offence usually becomes known to the Department
some weeks or perhaps months after it has been committed. These facts have been
made known to Ministry of Housing and Local Government officers with the suggestion
that consideration should be given to an amendment making the offence one of a continuing
nature.