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230
1908
To the Chairman and Members of the
Public Health Committee.
Gentlemen,—
WATER SUPPLY TO TENEMENT HOUSES.
I am very sorry to have to report that we appear to have arrived at
an impasse with respect to enforcing the provisions of the London
County Council (General Powers) Act 1907, respecting the supply of
water to the upper storeys of houses let in lodgings or apartments, and I
have to report that, acting on your Solicitor's advice, I have refrained from
issuing further summonses.
This has been done in consequence of the receipt of the following
letter from your Solicitor:—
23, Leadenhall Street, E.C.
25th November, 1908.
Dear Dr. Harris,—
London County Council (General Powers)
Act 1907, as to the supply of water in
tenement houses.
The case of the Council v. Andrew, which was down for hearing
to-day, but has been adjourned, was a summons for non-compliance
with a Statutory Notice respecting 17, Church Street, for abating a
nuisance existing by reason of the house being a tenement house
with three tenants, with a room in the basement unlet, and being
without a proper water supply, inasmuch as the only water provided
was in the basement scullery.
This case was based upon section 78 of the London County
Council (General Powers) Act 1907, and raises the question what is
the true construction of that section which deals with a supply of water
to tenement houses. The section is a long and complicated one, but if
carefully considered, I am afraid its provisions are clearly against your
wish. The first paragraph provides that a tenement house shall be
deemed to be without a proper and sufficient water supply unless
there shall be provided on the storey or one of the storeys in which
the rooms or lodgings in the separate occupation of each family
occupying such house are situate a sufficient provision for the supply of
water for domestic purposes. That paragraph, although uncertain at
first sight, is fairly clear when fully considered. The difficulty arises
in the provision by which this part of the section is followed, which,
omitting the words not material to Mr. A—s' case, is as follows:—
"provided that with respect to any building existing and in use as a
"tenement house at the passing of the Act the section shall not apply
"where the only storey or storeys on which a proper supply of water