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31
On the face of this comparison it would appear that the Housing
Act is the one which should be acted upon in all cases where the
Council have to do the work in default of the owner, because of the
clearer provisions relating to recovery of costs, but certain difficulties
are encountered in so doing.
It has always been the custom in this district and, indeed,
it appears to be implied in the Housing Act, that when a property
has been repaired under that Act it is left in all respects fit for
habitation and it will remain so for a period of years.
It will be remembered that it is a primary condition under
which this repairs section of the Act can be operated, that the work
can be done at a reasonable cost, and in these days of high cost of
building repairs it is very difficult to carry out repairs to the
accepted standard at a reasonable cost. If a lower standard of
repair is adopted, merely the grosser defects being remedied,
further complaints may be expected to arise in connection with the
property within a short period of time, and it follows that, if the
Council have to recover the cost of the work from the rentals, these
additional complaints will involve further work being carried out
before the cost of the previous work has been recovered. It is this
recovery of the cost of the work which presents the greatest problem
in connection with these cases. Also, it must be remembered that,
under the Housing Act, if the local authority consider that a house
is unfit for habitation and it is not capable, at a reasonable expense,
of being rendered so fit, they must proceed to consider the property
from the point of view of demolition.
It will be seen that when dealing with old property such as
exists in this Borough, property which has been war-damaged and
in some cases suffered the neglect of maintenance during the war
years, it is difficult to bring that property up to the recognised
standard of property dealt with under the Housing Act at a reasonable
cost, but at the same time, owing to the housing situation,
it is hardly desirable to consider that property for demolition.
The concluding paragraph in the "Report of the Standards of
Fitness for Habitation Sub-Committee of the Central Housing
Advisory Committee, 1946" is of interest in this connection:—
"If a local authority consider that a house cannot be
repaired at reasonable expense, the owner on receipt of the
notice under Section 11 of the Housing Act, 1936, can put
forward any offer he likes with respect to the carrying out of
work. It is for him to decide what sum he is prepared to pay
rather than have the house demolished. On the other hand, if the