View report page

Fifty-nine applications for cancellation of Certificates
of Disrepair were received from landlords or their agents on
the grounds that the defects specified on the Certificates
had been satisfactorily remedied. In 45 instances it was
found that the required repairs had been completed and the
applications were accordingly approved. In 14 cases the
necessary defects had not been remedied and these applications
for cancellation were refused.
During the year landlords owning three properties in
Eltham appealed to the Woolwich County Court against the
Council's refusal to cancel Certificates of Disrepair on
these properties. The landlords had objected to the inclusion
in the Certificates of items relating to the front
gates and fences as being unreasonable, having regard to the
age,character, and locality of these houses.
The front gates and fences of all the houses in the
road concerned and in other neighbouring roads had been
removed during a war-time scrap metal drive.
At the Hearing, evidence was given that the gates and
fences of many of the houses in the neighbourhood which were
similar in age and character had been removed and replaced
by simple wooden gates and fences of about 2'6" in height.
The Court decided that the absence of the front gate and
fence constituted an item of disrepair by reason of a
defect, and these items ought reasonably to be remedied
having regard to the age, character, and locality of the
houses concerned.
It was accordingly found that it was in each case
reasonable to include these items in the Certificate of
Disrepair, and therefore the landlords' appeal must
fail and be dismissed. However, in the Judgment it was
stated that it was not considered that the remedying of
these items would necessitate the reinstatement of the
front gate and rails as they formerly were, but would be
adequately remedied by the erection of a wooden gate
and fence similar to those in a neighbouring road, and that
if this were done it would be unreasonable for the local
authority then to refuse cancellation if such wooden gates
and fences were suitably installed.
Subsequently the landlords of the properties concerned
did erect gates and fences and their further applications
for cancellation of the Certificates of Disrepair were
approved.
-33-