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prohibiting the use of the dwelling-house for human habitation (in the Act
referred to as a "closing order") until in the judgement of the local authority
the dwelling-house is rendered fit for that purpose.
Notice of the closing order has to be forthwith served on the owner of the
dwelling-house, and if he is aggrieved by the order, may appeal to the Local
Government Board within fourteen days of the service of the order.
When the order has become operative, the local authority must serve notice
on every " occupying " tenant of the dwelling-house in question, and he and
his family are required to cease to inhabit the dwelling-house. The local
authority may make a reasonable allowance to a tenant on account of his
expenses in moving, but no allowance is to be given if the house has been
made unfit for habitation by the wilful act or default of the tenant or of
someone for whom, as between himself and the owner or landlord, he is
responsible.
The local authority must determine a closing order when they are satisfied
the house has been rendered fit for human habitation, and if the local
authority fail to determine the order, the owner has the right of appeal to the
Local Government Board.
The use of an underground room as a sleeping place may be prohibited by
a closing order, if the flooring is more than three feet below the surface of the
part of the street adjoining or nearest the room, or the room is not on an
average at least seven feet in height from floor to ceiling, or the ventilation,
lighting, protections against dampness, effluvia or exhalation does not comply
with such regulations as the local authority with the consent of the Local
Government Board may prescribe. There is a proviso that the issue of such
closing order shall not prevent the use of the room for purposes other than
those of a sleeping place. This provision did not become operative until the
1st of July, 1910.
When a closing order in respect of any dwelling house has remained
operative for three months, the local authority are required to take into
consideration the question of demolition of the premises, and must give the
owner notice of the time (not less than one month after the service of the
notice) and place where the question will be considered, and the owner is
entitled to be heard when the question is so taken into consideration.
If upon any such consideration the local authority think the circumstances
require it, they may order the demolition of the building, but the local
authority may, if they think fit, postpone the operation for six months in
order to give the owner, if he undertakes to do so, an opportunity to render
the premises fit for human habitation.