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It will be appreciated that when a management order is made or a direction given, constant followup
visits are necessary to ensure that prompt action is taken for any non-compliance found.
When a direction is applied to a house, a check of the occupation is made every three months by
the Technical Assistants in the Housing Section.
B. Control Orders
The Housing Act, 1964 introduced a new power by which local authorities could make a control
order and take possession of a house. The requirements before such action is taken are that the house
must be subject to or susceptible to action under Part II of the 1961 Act and that the safety, welfare
or health of the residents is affected by the conditions therein.
The maximum period for which control of the house can be retained is five years. Compensation,
at a designedly low rate, is payable to the dispossessed owner, but the income from lettings is payable
to the local authority. The running expenses of the house can only be recovered from this income.
Capital expenditure on specified improvements which the authority would have required the owner
to carry out and which must be done by the authority on making the control order, however, becomes
a charge on the premises if not fully met by the income from lettings.
It was made clear when the Act came into force that control order procedure was not intended
to replace powers which the local authority already possessed to require owners to carry out work,
or to make compulsory purchase orders. The Minister advised that the new powers should be used
only when conditions are so bad as to necessitate summary intervention in the residents' interests.
In the experience of the Department during the last year, the making of a control order has not
always been found an easy or satisfactory solution to problem houses. At present its advantage is
that of speed in dealing with a situation calling for drastic action. After the Order is made and control
over the house established, and after the main reasons for taking the action have been attended to,
the permanent acquisition of such property by compulsory purchase, if necessary, would generally
appear more advantageous financially so far as the Council is concerned.
Local Land Charges
The number of enquiries dealt with and reported upon during 1965 was 5,934.
The enquiries concerned outstanding statutory or informal notices, combined drainage orders,
smoke control orders, and certificates of disrepair.
Additional questions appeared on many forms of search, mainly in regard to proposals for dealing
with properties under clearance or redevelopment schemes, restrictions on the use of underground
rooms, and the suitability of premises for specific purposes, such as catering establishments.
Questions on redevelopment are often cast very widely, referring not only to a specific property
and firm proposals but to "any scheme in the neighbourhood" and any probable future scheme.
Housing Priority on Medical Grounds
The Council's points scheme for deciding the order of priority for rehousing permits points to be
awarded on medical grounds where they exist in addition to other grounds.
Although a medical certificate is required to be submitted in support of each case, personal investigation
by a Senior Medical Officer or communication with the family doctor or hospital is frequently
necessary to ascertain the precise medical condition or disability. The current housing conditions
of the applicant are also investigated by the Public Health Inspector where indicated and his report
is taken into account.
During the year under review, 1,860 medical certificates were considered in relation to housing
applications.
Unlawful eviction, harassment and provision of rent books
The provisions of Part III of the Rent Act, 1965 aim at preventing by heavy penalties the unlawful
eviction of tenants, or "the interference with the peace or comfort of tenants" with a view to making
them give up their tenancies. Acts of harassment must be proved to be deliberate if legal action is to
be successful. Many of the allegations investigated have been proved to be due to the landlord's
thoughtlessness or his different cultural background and consequent mode of living.
Administratively this legislation is dealt with and action taken by the Town Clerk's Department.
The staff of the Health Department are involved, however, as reports are made by the Public Health
Inspectors who are called upon to investigate complaints of eviction and harassment.