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The tenant took the case to the Court of Appeal where the Judges
held that it was not necessary for the tenant to obtain a certificate
of disrepair in order to challenge the landlord's declaration under
Section 25 of the Act that the house was in a state of repair.
The case was remitted back to the County Court for it to determine
whether or not the house was in good order.
The County Court found in favour of the landlord that the house was
in a state of good repair.
Eventually in 1957 the tenant again appealed to the Court of Appeal
on new grounds, namely, that the basement rooms of the premises were
unfit for habitation under the Hpusing Repairs and Rents Act, 1954, by
virtue of the fact that these rooms did not comply with the standard in
the Underground Rooms Regulations made under Section 12 of the Housing
Act, 1936.
The Court of Appeal dismissed the appeal, with costs against the
appellant, holding that the County Court Judge was correct in maintaining
that the requirements of Sections 9 and 49 of the Housing Repairs and
Rents Act were satisfied, namely that the house was fit for habitation.
In giving this judgment the Court of Appeal Judges stated that in
their view the County Court Judge would have been right if he had held
that Section 9 of the 1954 Act amended Section 12(2) of the Housing Act,
1936; that Section 9 had the effect of relaxing the rigour of Section
12(2), and that the regulations made under the latter could no longer
be held to constitute the standard for judging an underground room.
This ruling of the Court of Appeal was quoted in a recent appeal
case brought by a Metropolitan borough and had an important influence
on its decision.
Town and Country Planning (Housing Accommodation) Direction. 1952.
Under this Order the Borough Council is consulted by the London
County Council (the Planning Authority) before applications are
determined for planning permission for development involving change of
user of premises from use as a dwelling, Investigations on 22 such
applications were carried out during the year.
Applications for Rehousing.
At the end of the year there were 4,500 applications for rehousing
on the Housing Manager's register, including licensees of 256 requisitioned
premises who had applied for transfers. In addition, there were
481 tenants of Council dwellings who applied for transfers to larger or
smaller accommodation.
Preferential Housing on Health Grounds.
Of the 25 cases investigated, twelve were recommended to the Borough
Council for rehousing.
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