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39
The properties were war-damaged, and certain early stage
war-damage repairs were carried out by the War Damage
Department.
The property forms part of a Trust and it is claimed that
the Estate is in very poor financial circumstances.
Complaints were received from the tenants regarding
defects on the premises.
Following inspection, Notices under the Public Health
(London) Act, 1936 were served.
Having regard to the premises being within a Compulsory
Purchase Order, the requirements set out on the Notices were
kept to the minimum required to keep the premises reasonably
habitable.
The requirements of the Notices were not complied with,
and application was made at the Magistrates' Court for Abatement
Orders.
The first of these properties to be brought before the Court
were Nos. 25 and 31, and the hearing was adjourned to enable the
defendants to obtain Counsel's opinion. By the time of the adjourned
hearing, a summons in respect of the other property, No. 27,
had been issued for hearing on the same day, and a further adjournment
was applied for in respect of all three properties on the grounds
that "Notices to Treat" had been served by the London County
Council, and further information regarding these Notices was
required by the defendants.
At the final hearing, the Council's Solicitor resisted any
further adjournment and pressed for Abatement Orders. Counsel
for the defence very strongly opposed this and submitted to the
Magistrate, that his clients had offered to give these premises to the
London County Council, but the offer had not been accepted, and
the proper way to deal with the case was to make Closing Orders,
thus relieving his client of the obligation to expend a considerable
sum of money on these houses which might in the course of a few
months be demolished. In his opinion, any other course would
result in waste of time, money and materials.
The Council's Solicitor again opposed the making of Closing
Orders and pointed out that, although the houses were ultimately
to be pulled down, demolition might not be carried out for some
years.