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local authority consider that the house can be repaired at
reasonable expense, but the owner does not, he has a right of
appeal to the County Court. If the Court upholds him, the
local authority are empowered by Section 16 of the Act to
acquire the house either by agreement or compulsorily, when
they are under obligation to repair it and thus give effect to
their view of its condition. There remains the case in which
the local authority are satisfied that the estimated expenditure
on repairs to make the house fit for habitation is reasonable
and that it is unlikely that the owner could successfully
challenge them on this ground, but they nevertheless hesitate
to issue notices because they know that the expenditure is such
that financial hardship to the owner will be caused. The
remedy in such cases would appear to be greater use by local
authorities of their power under Section 73 (b) of the Act to
acquire any houses which are or may be made suitable as houses
for the working classes."
The following cases have been selected as examples of the
difficulties which confront the Department:—
Case (1).—In this case a Notice under the Public Health
(London) Act, 1936,was served and, as the Notice was not complied
with, a Nuisance Order was obtained in the Magistrates' Court for
the work to be carried out within twenty-one days, and £1 Is. Od.
costs were awarded to the Council. At the expiration of that
period a non-compliance summons was applied for, and the Council
were awarded a penalty of £2 10s. Od. and 10s. 6d. costs on each
of the two defendants, the defendants being a firm of estate agents.
These agents claim that the property belongs to an old-age pensioner
who has no capital, and further non-compliance summonses against
these agents will not, of course, get the repairs carried out; they
merely impose further costs on the estate. Since it was evident
that the Council would have to carry out the repairs, it was considered
advisable to deal with the matter under the Housing Act,
and a schedule of defects was prepared, the estimated cost of the
work being £161 15s. Od. In this case, the rent is 10s. 1d. per
week, and the net annual income from the property estimated at
£16 16s. Od The estimated value of the house after the works
have been completed is £200.
With regard to the estimated value of the house, it should be
borne in mind that, whilst this is the theoretical value, it is very
doubtful whether the property could be sold for that sum.
Owing to the cost of building repairs at the present time, very
few people are buying property as an investment except where they