View report page

50
(a) specifying: (i) the works required
(ii) the time (not less than 21 days) within which the
work is to be executed; and
(b) stating the opinion of the authority that those works will render
the house fit for human habitation.
Copies of this notice may be served on any other person having an interest in
the house, e. g. as freeholder, mortgagee or lessee. In determining whether a
house can be made fit at a reasonable expense, regard must be had to the estimated
cost of repairs and to the value the house will have when the works are
completed.
In case of default the local authority may execute the works and recover
any expenses incurred by action or summarily as a civil debt or by declaration
that such expenses be payable with interest by weekly or other instalments
within a period not exceeding 30 years. (Section 10).
Where, on appeal against the notice, the judge finds that the house cannot
be made fit at a reasonable expense, the local authority may purchase the house
by agreement or by compulsory purchase order and if the house is purchased compulsorily
the authority shall forthwith carry out the works specified in the
notice. (Section 16).
No action was taken under Section 9 during the year
SECTION 11 (Power of local authority to order demolition of insanitary house),
This section requires the local authority to take the following action in the
case of a house which in their opinion is unfit and cannot be made fit at a
reasonable expense.
1. Notice shall be served upon the person having control of the house and
upon all owners thereof and, so far as is reasonably practicable
mortgagees, to attend a meeting, not less than 21 days after the
service of the notice, at which the condition of the house and proposals
for the execution of works or for the future user of the house
will be considered. Every person upon whom notice has been served is
entitled to be heard.,
2„ The local authority may accept an undertaking from an owner or mortgagee
(a) to do such works as will render the house fit within a
specified period, or (b) that the house will not be used for human
habitation until the authority on being satisfied that it has been
rendered fit for that purpose, cancel the undertaking,.
3. If an undertaking is not accepted or is broken, a demolition order is
forthwith to be made requiring (a) vacation in not less than 28 days
from the date when the order becomes operative and (b) demolition
within six weeks of vacation.
In case of default the local authority shall demolish and sell the
materials and may recover expenses,, (Section 13).
Penalties are provided against persons who, knowing that a demolition
order has become operative, enter into occupation or permit other persons to
enter into occupation (Section 155).
Additional powers to deal with individual unfit houses are given to the
local authority by Sections 3, 5 and 6 of the Housing Repairs and Rents Act
4954. Section 3 (Power to purchase for temporary accommodation in lieu of
making demolition orders) empowers local authorities to acquire an individual
unfit house for temporary accommodation (and to patch it if necessary) instead
of making a demolition order "if it appears to them that the house is or can be
rendered capable of providing accommodation of a standard which is adequate for
the time being". The procedure up to the stage where the house is purchased
by agreement, or a compulsory purchase order is made, is similar to the procedure
for the making of and appeal against a demolition order, The basis of
compensation is the value of the land as a cleared site,