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service of a Nuisance Notice in connection with which, the Order
was made, shall be deemed to be money paid for the use and at the
request of the person against whom the Order was made. All costs
and expenses may be recovered in summary manner. Such costs
and expenses recoverable from the owner may be recovered from the
occupier by way of rent.
Under the Housing Act, where a local authority consider that
a house is in any respect unfit for human habitation, they shall,
unless they are satisfied that it is not capable at a reasonable expense
of being rendered so fit, serve upon the person having control of the
house, a Notice requiring him to execute the works specified in the
Notice. In determining whether a house can be rendered fit for
human habitation at a reasonable expense, regard shall be had to the
estimated cost of the works necessary and the value which it is
estimated that the house will have when the works are completed.
The persons upon whom the Notices are served have a right to
appeal within a period of twenty-one days to the County Court.
The principle grounds upon which the appeal may be anticipated
in these days is that the house is incapable of being rendered fit for
human habitation at a reasonable expense. If no appeal against
the Notice is entered and the work is not done, the local authority
may themselves do the work after the service of appropriate Notice,
and recover the cost thereof. Any expense incurred, together with
interest, may be recovered by action or summarily as a civil debt
from the person having control of the house, but when that person
is an agent or a trustee his liability is limited to the total amount
of money which he has or has had in his hands as rent of the house.
The local authority may, by order, declare that any such expenses
be payable by weekly or other instalments within a period not
exceeding thirty years with interest. The amount of any expenses
and interest due to the local authority becomes a charge on the
property. In effect, the essential differences in these Acts, so far
as the Council is concerned, in carrying out repairs in default of the
owner and recovering the costs, are as follows:—
Public Health {London) Act, 1936 Housing Act, 1936.
(1) Only nuisances can be (1) Defects in addition to
dealt with. nuisances may be dealt
with.
(2) In owner's default it is (2) In owner's default it is
permissible for the Council permissible for the Counto
carry out any work cil to carry out the works
which is the subject of a on the Notice.
Nuisance Order.
(3) Costs of works are not (3) Costs made a charge on
made a charge on the the property.
property.