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5) Housing Act, 1961, Section 12
Contains the power to make an Order applying a Code of Management of any
house in multiple occupation.
6) Housing Act, 1964 - Control Orders
This empowers the Council, short of becoming the actual owners, completely
to control the house.
There are in general, two types of houses in the Borough in multiple occupation:
1) Large several storied Victorian houses, often standing in their own grounds.
Such properties are capable of providing satisfactory accommodation for several
families providing the necessary adaptation is carried out. The Council in these
circumstances therefore use the legislation that requires such increased
amenities to be provided, i.e. Section 15.
2) Small terraced or semi-detached houses, built usually after the turn of the
century. These commonly have two rooms and a kitchen on the ground floor,
and three bedrooms and sometimes a bathroom on the first floor. Many of these
have one W.C. only on the ground floor, but some do have an additional W.C.
on the first floor level. No amount of increased amenities can make such
property satisfactory for multiple occupation, and it is therefore not the Council's
policy to require the provision of improvements. To do so would be, in effect,
to sanction unsatisfactory multiple occupation. In this type of property,
therefore, the Council's policy is to make Directions under Section 19, with
the object of reducing the number of occupants.
In addition on any type of property the Council uses Section 90 of the Housing
Act, 1957 (Abatement of Overcrowding) and Section 16 of the Housing Act, 1961,
(Improvement of means of escape from fire).
The Council has not made any Control or Management Orders, the procedure
laid down being extremely involved. There is, however, one Management Order which
was made by the former Municipal Borough of Ealing which is still in force.
Nor has the Council submitted a scheme for registration of houses in multiple
occupation. It has felt that whereas licensing prior to use might be of value, powers
which merely provided for registration once such misuse had begun, would not be
helpful in dealing with the problem.
General Legal position
The existing powers for dealing with houses in multiple occupation are
unsatisfactory and inadequate in certain respects, the main deficiencies being as
follows:-
1) The fines imposed by the local Magistrates Court when cases for
contraventions of Directions are heard are normally small and it is suspected
that they are regarded by some owners as being part of their overhead
expenses in letting their houses to an excessive number of individuals. Once
the Council has prosecuted for a contravention no further action can be taken
so long as the same individuals remain the house. If there were to be a daily
penalty for a continuing offence this would act as a strong deterrent and
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