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29
powers of repair in default of the owner to the extent which they
should, but, in spite of the very great difficulties of so doing, this
Borough, with the assistance of the Town Clerk and Treasurer,
has spared no effort to exercise those powers to the fullest possible
extent. A list of the premises in which the Council has proceeded
during 1949 is attached to this report.
A statement by Lord MacDonald as regards the demolition of
unfit houses, which was made in the House of Lords as recently
as 21st June, 1950, appears to have some bearing on this problem:—
"On the question of slum clearance, I am sorry that there
is not much I can say of an encouraging nature to the Most
Reverend Primate. I had an intimation that he would be
raising this question, and I asked for a considered statement.
I need hardly say that I am most sympathetic, but it will
be agreed that slum clearance must be considered in relationship
to the general housing problem.
Housing authorities are advised that while there is a
shortage of houses they should not embark on the demolition
of existing properties unless these constitute an immediate
danger to life and limb or to the health of the occupants,
and that before taking action in any particular case they
should also satisfy themselves that the necessary rehousing
accommodation can be provided out of their housing programme
and that the work of demolition can be undertaken without
serious diversion of building labour from new housing. No
statistics are available of the number of demolition orders
made on individual houses, as this is a matter for the local
authority. I feel sure that, though we all feel very keenly
on this question of the slums, this is in present circumstances
the wise policy."
The local authority have power to secure repairs to house
property under either the Public Health (London) Act, 1936, or
the Housing Act, 1936, but the provisions of these Acts differ in
material respects.
Under the Public Health Act, disrepair of house property has
to be dealt with under the nuisance sections—premises in such a
state as to be a nuisance. If the requirements of a Notice relating
to these nuisances are not complied with, a complaint is made at
the Magistrates Court and a Nuisance Order obtained. The Order
gives a specified period in which to carry out the work. The
sanitary authority have the right to enter any premises to which
a Nuisance Order relates and do what is necessary in execution of
the Order. The reasonable expenses incurred in obtaining or
enforcing the Order or making the complaint upon which, or the