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34
It is understood that the Inland Revenue Authorities are
claiming the sum of £6 17s. Od. monthly from these tenants
jointly in respect of unpaid property tax, and both tenants are, of
course, discharging the normal accounts for the local general rate
and water rate. The Town Clerk considered this case and advised
that, in view of the uncertainty of obtaining re-imbursement of
the cost of the work, and the fact that other defects on the property
would require repair in a short space of time, no further steps be
taken under the Public Health (London) Act, 1936, but that an
inspection be made and action taken under the Housing Act.
An inspection under the Housing Act was, therefore, made and
a schedule of works prepared. The inspector estimates that the
cost of these works will be approximately £426. The net annual
income from this house, which is let at £2 9s. 3d. per week, is
given as £45 8s. 9d. and the estimated value of the house, based
on a twenty years purchase, is £908 15s. Od. Again, it should be
mentioned that the value of the property is a theoretical one and
no such figure could be realised for the property at the present time.
In this case, it would be most unreasonable to consider the
property for demolition, and here again it is for the local authority
to decide whether they are prepared to authorise the expenditure
which, in this case, amounts to £426. Although this sum at first
glance may be regarded as unreasonable, it must be borne in mind
that the cost of building repairs is three times what it was in pre-war
days, and that the cost of providing house accommodation of any
kind is also at least three times what it was in those days.
The local authority may decide that the sum of £426 shall
not be regarded as unreasonable cost, and so authorise the service
of formal Notices under Section 9 of the Housing Act, 1936. If,
however, they are not prepared to expend this amount of money,
there appear only two courses left open. One is to follow the
procedure of the Public Health Act to secure the abatement of
nuisances and for the Council to carry out the requirements of the
Nuisance Order, and the other to serve Notices under Section 9 for
the minimum repairs necessary and subsequently to carry out the
work. In both procedures, the Council would have to be prepared
for further complaints to be received regarding defects in the
property in the future.
It appears in this particular case, that it would be desirable to
proceed under Section 9 of the Housing Act, 1936, but the Notice
should not be of the usual comprehensive nature and be restricted
to the minimum required to meet immediate needs, which would
avoid, when taking into consideration the character of the property,
any question of unreasonableness of cost of repairs, which is one of
the grounds of appeal under the Housing Act, 1936.