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63
In determining whether a house can be rendered fit for human
habitation at reasonable expense, subsection 3 of section 9 states
that regard should be had to
(i) the estimated cost of the works necessary to render it so fit,
and
(ii) the value it is estimated that the house will have when the
works are completed.
The Reasonable Expense Factor.
The interpretation of the term "reasonable expense" has
exercised the minds of local authorities ever since it was introduced
into the Housing Act. Various methods of determining this factor
have been put forward, but they all amount to this—that
"reasonable expense" is basically a matter of income and
expenditure.
By Section 10 of the Act a local authority is empowered to
enter and execute works in default of the owner. Any expense so
incurred may be recovered by the local authority and made a
charge on the premises.
Present-Day Anomalies.
These powers were of great value to local authorities prior to
1939, but unfortunately the position today is very different. Owing
to prevailing economic conditions—high building costs in relation to
low rentals—this powerful weapon for securing the repair and
re-conditioning of defective houses is no longer available to the local
authority. Action under Sections 9 and 10 is impossible owing to
the qualifying words of the Section relative to "reasonable expense";
and this is likely to have a serious effect on the rate of deterioration
of existing houses in the Borough, since the only sure method of
arresting decay of house property is by systematic house-to-house
inspection under the Housing Act.
Unfortunately deterioration due to maintenance difficulties is
not confined to sub-standard houses. Genuine instances are coming
to light where owners of houses of a good habitable standard are
unable to meet the cost of running repairs from income derived
from the rent. We are referring to the type of property which,
although lacking in amenities that may be considered desirable
according to modern ideas, compares favourably with the general
standard of dwelling houses in the district and comprises the