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240
1910]
of the demolition of the dwelling house with a view to making a demolition
order, but every owner of such dwelling house is entitled to be heard when
the question is considered. The Authority must, however, order the demolition
of the building if upon consideration they are of opinion that the dwelling house
has not been rendered fit for human habitation, and that the necessary steps
are not being taken with all due diligence to render it fit, or that the continuance
of any such building is a nuisance, dangerous or injurious to the health
of the public or of the inhabitants of the neighbouring dwelling houses.
Notice of the demolition order must be served on the owners of the
building in respect of which they are made, and they, if aggrieved by the
order, may appeal to the Local Government Board. If the Local Authority
makes default in carrying out this part of the Act, the County Council may
intervene and exercise powers of closing a demolition.
The above particulars, stated briefly, and of course very imperfectly, give
the duties of the Couucil under the Housing of the Working Classes Acts as
amended and increased by the Housing and Town Planning Act.
Up to now, the action of the Sanitary Authority was impeded on every
side, but such is the case no longer, for they have been given a very free
hand, and no doubt they will be expected to avail themselves just as freely
of the powers which have been delegated to them. Indeed, this must be taken
for granted, as already a new department with special officials has been created
at the Local Government Board with the object of seeing that the Act is
enforced, but while the duties of the Sanitary Authorities have been increased,
the liabilities of landlords and private owners have also been made more
stringent, so that in future the implied condition as to the fitness of premises
for habitation has been extended in London from rentals of £20 to rentals of
£40, while the letting of properties shall imply a condition that their fitness
for human habitation exists not only at the commencement of the tenancy,
but that it shall be maintained during the term of the holding, and unlike
previous Acts, the owner will not be allowed to contract himself out of his
liability.
Power is given to the Local Authority to interfere when a landlord does
not comply with his implied undertaking to keep the premises in a proper state.
These powers include (1) the making of a closing order, or (2) the service of
a notice on the owner to execute such works as shall be specified in it as
being necessary to make the house in all respects reasonably fit for human
habitation, or (3) if at the expiration of the time specified in the notice nothing
has been done, the Local Authority may do the work themselves.