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85
to particular areas in the Borough, but even in parts of the same street and in
houses side by side. In these circumstances the Board feel that they would
not be justified in confirming a series of by-laws embodying the form of
exemption proposed.
The Board would be glad if they could offer for the Council's consideration
a form of exemption which would promise a reasonable solution of the difficulty.
They have always attached considerable importance in the framing of by-laws
dealing with this subject to the exclusion from their operations of houses let
in lodgings of the superior type, the regulation of which on sanitary grounds
is unnecessary. In many of the London Boroughs this object has been practically
attained by the adoption of a by-law providing for the exemption of
houses in cases where the rent payable by each lodger exceeds certain specified
limits, and the information before the Board leads them to think that in ordinary
circumstances a carefully framed clause of this nature works reasonably well.
The Board understand from Dr. Sweeting that the by-laws at present in
force, numbered 2 and 3, under which the preliminary registration of houses
is required are found by the Borough Council to involve prolonged discussion
at Committee meetings in order to determine what houses are to be brought
within the scope of the by-laws. Apart from this the London County Council
take objection to by-laws in this form, and the Board have not for several
years past assented to such by-laws. In these circumstances the Board feel
that the Council would do well to repeal the by-laws in question, and to take
into consideration the question of substituting a series based on the Board's
present model with an exemption clause depending on rental limits similar to
that contained in the model.
Possiblv in view of the different character of different parts of the Borough
it might be advisable to divide it into two or more areas, with different rental
limits in different areas. Copies of the draft forms to be used for this purpose
are enclosed herewith. The Board are aware from your letter of the 11th
October, 1907, that a proposal to adopt a by-law on the lines of the model has
received some consideration, and they are also aware that the question of a
rental exemption clause has also been carefully considered by the Council and
their advisers, but the Board are not sure that the Council have reached a final
conclusion that no such clause could be framed to meet the special circumstances
of the Borough.
If after a further consideration of the model code the Borough Council are
still unable to decide that an exemption clause on the lines of model clause 2
would be practicable in the circumstances of the Borough, the Board can only
suggest that the Council might consider the question of adopting a suitable
series without any exemption clause. Such a code of by-laws would require to
be very carefully drawn so as to avoid imposing any objectionably harsh
requirements on lodging houses of the better class. The Council might refer
to the by-laws in this form made by the Council of the Metropolitan Borough
of Holborn in 1903.
It must, however, be borne in mind that the Holborn by-laws were based on
a series already in force and might now need modification, particularly in the
sense indicated by clause 19 of the Board's revised model, which has been
framed to meet the decisions in the cases of Nokes v. Islington Metropolitan