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Dustbins.
The position in the Borough with regard to dustbins is now much more satisfactory
than it was prior to the inauguration of the Council's rental scheme, when owners and
occupiers of houses were responsible for providing a suitable dustbin for each occupied
dwelling. Then numerous owners and occupiers did not replace worn-out dustbins unless
required to do so by Statutory Notice, and even then it was often found necessary to supply
a dustbin in default and recover the cost.
The present position is that 29,500 householders have now enrolled in the Council's
Rental Scheme (out of a total of about 38,000) and for the sum of 5/-per year hire fee they
are supplied with a regulation size British Standard Specification dustbin. These figures are,
of course, exclusive of Council owned properties. A number of persons do, however, omit to
renew the 5/- hire fee and in these instances the Borough Engineer after attempting to recover
the money, collects the dustbin from the dwelling and notifies the Health Department that the
house is without a dustbin. The number notified during 1956 was 54. On receipt of these
notifications the Public Health Inspector visits the house and attempts to persuade the person
responsible for providing the bin, either to pay the 5/- or to provide a suitable dustbin
themselves. If the dustbin is not then provided, the matter is reported to the Health Committee,
with a recommendation that a Statutory Notice be served, the dustbin supplied in default and the
costs recovered. During 1956 it Was found necessary on only 7 occasions to report these
defaulters to the Health Committee.
The price of a dustbin at the present time may vary from £1 to £2 according to the
size and quality of the receptacle. It is, therefore, not surprising that there have been
numerous differences of opinion as to landlords and tenants responsibility for the supply of
dustbins. The law on the subject is found in the Public Health Act, 1936, Section 75, and
states:-
(l) "A local authority who, as respects their district or any part thereof,
have undertaken the removal of house refuse may by notice require the owner
or occupier of any building within the district, or, as the case may be, within
that part of the district, to provide such number of covered dustbins for the
reception of house refuse of such material, size and construction as the
authority may approve. Any person aggrieved by a requirement of the local
authority under this sub-section may appeal to a Court of Summary Jurisdiction".
The question arises then on whom shall the notice be served, the owner or the
occupier? The conflicting decisions of many Courts throughout the country leaves one in
a state of bewilderment. In West Ham, when confronted with this problem, we try to
ascertain who is receiving the greatest financial benefit from the letting, the owner or
the tenant. Generally speaking, if the owner is in receipt of a rental equal to the
economic rental, which is invariably a few shillings above the ordinary controlled rental,
the notice is served on him, but where the tenant is paying only the nominal controlled
rent, the notice is served on the tenant. Frequently the tenant receives additional
financial benefit by subletting one or two rooms in the house, often without the landlord's
knowledge, and in these cases also, the notice is served on the tenant. The particulars
ascertained by the Public Health Inspectors when investigating this point are very thorough
and it is pleasing to note that whilst a large number of local authorities have been faced
with Court appeals under this Section, no suoh appeals have been lodged against the West Ham
Council.
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