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Some difficulties have been found in the operation of this legislation; mainly as follows:-
(a) Difficulty of access. Many occupants of such houses are out at work during ordinary
hours, and although some co-operate by arranging for a third party to provide access to the room
or rooms, a few do not answer letters asking for appointments.
(b) Refusal by tenants to accept the additional amenities on the following grounds:-
(i) Some amenities (e.g. bathrooms) cannot be provided without their
giving up a portion of the accommodation;
(ii) The tenant is unable or unwilling to pay the additional rent (i.e.
12½ per cent, of the cost of the improvements);
(iii) Some old people, who have lived in premises for many years without
certain amenities do not wish to have them.
In these cases it is usual to allow deferment of the improvements objected to until a
tenant moves and to require them to be made before the rooms are re-let.
(c) The person controlling the premises is unwilling to carry out the improvements either
because (i) he has only a limited interest in the property (such as a short lease), when it is
usually possibly to come to some arrangement with the freeholders, or alternatively for the Council
to do the work in default, with the Council registering a legal charge upon the premises; or (ii)
he has insufficient money to carry out the work. The Council may make a loan for this purpose,
but some elderly people, particularly owner occupiers, are reluctant to accept such help. Until
local authority spending was curtailed by the Government the Council offered to purchase houses
where such difficulties arose
(d) Over-occupation of the house to an extent that it would still be over-occupied or
overcrowded even with the provision of additional amenities is dealt with by the service of a
"direction" under Section 19 of the 1961 Act. This does not require the landlord to give notice
to any tenant, but, should a tenant leave, prohibits the re-letting of the premises vacated, if this
would cause the permitted number of occupants to be exceeded. This is a very useful power
but results in delay (often considerable) in providing the necessary additional amenities. The
Act of 1964 allows the Council to register houses in multiple occupation but it is not considered
at this stage that such a scheme would be of assistance to the Council.
RE-INSPECTIONS
Houses are re-inspected periodically when the Council has made closing orders prohibiting
the use of the house or part of the house for human habitation, to ensure compliance with the order
and that the house or rooms are not used for any purpose other than that allowed by the Council.
Houses are also re-inspected when the Council has lent money for house purchase, both
to ensure that the house is properly maintained and that there is compliance with any conditions
attaching to the loan.
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