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The landlord or the Council, or any person authorised by him or them in
writing, may at reasonable times of the day enter any house, premises, or
building to which the Section applies for the purpose of viewing its state and
condition, on giving 24 hours notice to the tenant or occupier (Sub-section
(2) )•
Sub-section (3) makes it the duty of the Council, as the local authority
within the meaning of Part II. of the principal Act, where it appears to them
that the implied undertaking is not complied with in the case of any house to
which it applies (if a closing order is not made with respect to the house), by
written notice, to require the landlord within a reasonable time, being not less
than 21 days, specified in the notice, to execute such works as the Council
specify in the notice as being necessary to make the house in all respects
reasonably fit for human habitation.
The landlord is enabled within 21 days after the receipt of such notice, by
written notice to the Council, to declare his intention of closing the house for
human habitation, and thereupon a closing order is to be deemed to have
become operative in respect of the house (Sub-section (4) ).
But if the notice given by the Council is not complied with, and if the
landlord has not given notice of his intention to close the house, the Council
are authorised, at the expiration of the time specified in the notice given by
them to the landlord, themselves to do the work required to be done and to
recover the expenses incurred by them in so doing from the landlord as a civil
debt, in manner provided by the Summary Jurisdiction Acts. The Council have,
however, if they think fit, the alternative of declaring the expenses incurred
by them to be payable by annual instalments within a period not exceeding
that of the interest of the landlord in the house, nor in any case five years,
with interest at a rate not exceeding £5 per cent, per annum, until the whole
amount is paid and the instalments or interest or any part thereof will be
recoverable summarily from the landlord as a civil debt (Sub-section (5) ).
The landlord is given a right to appeal to the Board against any notice
requiring him to execute works under the section, and against any demand
for the recovery of expenses from him under it, or order made with respect to
those expenses by the Council, by giving notice of appeal to the Board within
21 days after the notice is received or the demand or order is made. No
proceedings are to be taken in respect of a notice requiring works, order, or
demand whilst the appeal is pending (Sub section (6) ).
For the purposes of this Section, the expression " landlord " is defined to
mean any person who lets to a tenant for habitation the house under any
contract referred to in the section, and includes his successors in title; and the
expression "house" is defined as including part of a house (Sub-section (7) ).
Extension of power of making of by-laws with respect to lodging-houses for the
working classes.
Section 94 of the Public Health (London) Act, 1891, empowers the Council
to make by-laws for various matters with respect to houses or parts of houses
let in lodgings or occupied by members of more than one family.