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50 1931

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931

PART III.

HOUSING OF THE WORKING CLASSES.

Unhealthy Dwelling Houses.

Power of local authority to require repair of insanitary house.

19. —(1) Where a local authority, upon consideration of an official representation or a report from any of their officers, or other information in their possession, are satisfied that any dwelling-house which is occupied or is of a type suitable for occupation by persons of the working classes is in any respect unfit for human habitation they shall, unless they are satisfied that it is not capable at a reasonable expense of being rendered so fit, serve upon the person having control of the house a notice requiring him, within such reasonable time, not being less than twenty-one days, as may be specified in the notice, to execute the works specified in the notice and stating that, in the opinion of the local authority, those works will render the house fit for human habitation.

(2) In addition to serving a notice under this section on the person having control of the house, the local authority may at their discretion serve a copy of the notice on any other person having an interest in the house, whether as owner in fee simple, mortgagee, lessee, or otherwise.

(3) In determining for the purposes of this Part of this Act whether a dwelling-house can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the dwelling-house will have when the works are completed.

Enforcement of notice requiring execution of repairs.

20. —(1) If a notice under the last preceding section requiring the person having control of the house to execute works is not complied with, then, after the expiration of the time specified in the notice or, if an appeal has been made against the notice and upon that appeal the notice has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal, or of such longer period as the court in determining the appeal may fix, the local authority may enter the house and may themselves do the work required to be done by the notice, or by the notice as varied by the court, as the case may be.

(2) Where the local authority are about to enter upon a dwelling-house under the provisions of the last preceding sub-section for the purpose of doing any work, they may give to the person having control of the house, and, if they think fit, to any other person being an owner of the house, notice in writing of their intention so to do, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the local authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be deemed to be obstructing the local authority in the execution of this Act and shall be liable on summary conviction to a fine not exceeding twenty pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house.

(3) Any expenses incurred by the local authority under this section, together with interest, at such rate as the Minister may with the approval of the Minister for Finance from time to time by order fix, from the date when a demand for the expenses is served until payment, may, subject as hereinafter provided, be recovered by them, by action or summarily as a civil debt, from the person having control of the house, or, if he receives the rent of the house as agent or trustee for some other person, then either from him or from that other person, or in part from him and as to the remainder from that other person:

Provided that if the person having control of the house proves that he—

(a) is receiving the rent merely as an agent or trustee for some other person; and

(b) has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the local authority,

his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

(4) In all summary proceedings by the local authority for the recovery of any such expenses, the time within which the proceedings may be taken shall be reckoned from the date of the service of the demand or, if an appeal is made against that demand, from the date on which the demand becomes operative.

(5) The local authority may by order declare any such expenses to be payable by weekly or other instalments within a period not exceeding thirty years with interest at such rate as the Minister may, with the approval of the Minister for Finance, from time to time by order fix, from the date of the service of the demand until the whole amount is paid, and any such instalments and interest, or any part thereof, may be recovered summarily as a civil debt from the person having control of the house or the occupier thereof and, if recovered from an occupier, may be deducted by him from the rent of the house.

(6) The amount of any expenses and interest thereon due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred, and the local authority shall for the purpose of enforcing that charge have all the same powers and remedies as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(7) No action taken under this, or the last preceding, section shall prejudice or affect any other powers of the local authority or any remedy available to the tenant of a dwelling-house against his landlord, either at common law or otherwise.

Recovery of expenses of repair from occupier.

21. —(1) Where a demand for the recovery of expenses incurred by a local authority under the next foregoing section has become operative and such expenses or any part thereof remain unpaid the local authority may, after giving not less than ten days notice to the person having control of the house in respect of which such expenses were incurred serve a notice in the prescribed form upon the occupier or occupiers of such house, stating the amount of such expenses remaining unpaid and requiring such occupier or occupiers to pay to the local authority any rent then due or thereafter to become due by him or them until the amount of such expenses with any interest due thereon is fully repaid.

(2) The service of any such notice as is referred to in the foregoing sub-section upon an occupier shall operate to transfer to the local authority the exclusive right to recover, receive and give a discharge for the rent required by such notice to be paid to the local authority.

Power of local authority to let a vacant house in respect of which expenses are due.

22. —(1) A local authority, to whom any expenses are due in respect of the execution of works to a house under section 20 of this Act which is or has become vacant, may if satisfied that payment of such expenses cannot be recovered from the person having control of the house and after giving to such person twenty-one days' notice in writing of their intention so to do, make in the name of such person a letting of the house to a suitable person at such rent and for such period and on such terms and conditions as to the local authority shall seem proper having regard to the circumstances and to the nature of any previous tenancy in the house.

(2) Every such notice as is referred to in the foregoing sub-section shall state the rent period for which and the terms and conditions on which the local authority propose to make a letting of the house.

(3) For the purposes of this section and for those purposes only the local authority shall be deemed to be the agent of the person having control of the house with power to make a letting without his consent and the word “house” includes in the case of a house habitually let in separate apartments, a part of a house.

(4) Any person aggrieved by a proposal of a local authority to make a letting of a house under this section may, within twenty-one days after the date of the service of the notice referred to in sub-section (1) of this section, appeal to the Circuit Court, who may make such order in the matter as to the Court shall seem just and reasonable but the decision of the Court shall be final and conclusive and not subject to any appeal.

Power of local authority to order demolition of insanitary house.

23. —(1) Where a local authority, upon consideration of an official representation, or a report from any of their officers, or other information in their possession, are satisfied that any dwelling house which is occupied, or is of a type suitable for occupation by persons of the working classes, is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, they shall serve upon the person having control of the house, upon any other person who is an owner thereof, and, so far as it is reasonably practicable to ascertain such persons, upon every mortgagee thereof, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future use of the house, which he may wish to submit will be considered by them, and every person upon whom such a notice is served shall be entitled to be heard when the matter is so taken into consideration.

(2) The local authority may if, after consultation with any owner or mortgagee, they think fit so to do, accept an undertaking from him, either that he will within a specified period carry out such works as will in the opinion of the local authority render the house fit for human habitation, or that it shall not be used for human habitation until the local authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking.

(3) If no such undertaking as is mentioned in the last preceding subsection is accepted by the local authority, or if, in a case where they have accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, or the house is at any time used in contravention of the terms of the undertaking, the local authority shall forthwith make a demolition order requiring that the house shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall be demolished and the site thereof cleared and levelled within six weeks after the expiration of that period, or, if the house is not vacated before the expiration of that period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the circumstances the local authority deem it reasonable to specify and shall serve the order upon every person upon whom they would be required by sub-section (1) of this section to serve a notice issued by them under that subsection.

Underground room to be deemed to be a house unfit for human habitation.

24. —(1) A room habitually used as a sleeping place the surface of the floor of which is more than three feet below the surface of the part of the street adjoining or nearest to the room, or more than three feet below the surface of any ground within nine feet of the room, shall for the purposes of this Part of this Act be deemed to be a house unfit for human habitation, if the room either—

(a) is not on an average at least eight feet in height from floor to ceiling; or

(b) does not comply with such regulations as the local authority with the consent of the Minister may prescribe for securing the proper ventilation and lighting of such rooms, and the protection thereof against dampness, effluvia, or exhalation.

(2) If the local authority after being required to do so by the Minister, fail to make such regulations as aforesaid, or such regulations as the Minister approves, the Minister may himself make them, and the regulations so made shall have effect as if they had been made by the local authority with the consent of the Minister.

Power of local authority to deal with part of building.

25. —A local authority may under this Part of this Act take the like proceedings in relation to any part of a building which is let for human habitation as a separate tenement or in relation to any underground room which by virtue of sub-section (1) of section 24 of this Act is to be deemed to be unfit for human habitation, as they are empowered to take in relation to a dwelling-house subject, however, to this qualification that, in circumstances in which, in the case of a dwelling-house, they would have made a demolition order, they shall, in the case of a part of a building, which is let for human habitation as a separate tenement, make a closing order prohibiting the use of that part for human habitation and in the case of any such underground room as aforesaid make a closing order prohibiting the use of the room for the purposes of a sleeping place; but the local authority shall determine a closing order so made by them on being satisfied that the part of the building or the room to which it relates has been rendered fit for human habitation.

Procedure where demolition order or closing order made or undertaking given as to user of house.

26. —(1) When a demolition order under this Part of this Act has become operative, the owner or owners of the house to which it applies shall demolish that house and clear and level the site thereof to the satisfaction of the local authority within the time limited in that behalf by the order; and if the house is not demolished and the site thereof so cleared and levelled within that time, the local authority shall enter and demolish the house and clear and level the site thereof and sell the materials thereof, and the provisions of sub-sections (2) (3) (4) and (5) of section 8 of this Act shall apply in relation to any expenses incurred by the authority under this sub-section and to any surplus remaining in the hands of the local authority as they apply in relation to any expenses or surplus in a case where a building is demolished in pursuance of a clearance order.

(2) Any person who, knowing that a closing order has become operative and applies to any premises, or that an undertaking has been given under this Part of this Act that any premises shall not be used for certain purposes specified in the undertaking, uses those premises in contravention of the terms of the order or undertaking, or permits them to be so used, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further penalty of five pounds for every day or part of a day, on which he so uses them, or permits them to be so used, after conviction.

(3) Where an undertaking has been given under this Part of this Act that any premises shall not be used for human habitation, nothing in the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, or in any enactment amending those Acts, shall prevent any owner of those premises from obtaining possession thereof.

Appeals.

27. —(1) Any person aggrieved by—

(a) a notice under this Part of this Act requiring the execution of works;

(b) a demand for the recovery of expenses incurred by a local authority in executing works specified in any such notice;

(c) an order made by a local authority with respect to any such expenses;

(d) a demolition order made under this Part of this Act;

(e) a closing order so made or a refusal to determine a closing order;

may, within twenty-one days after the date of the service of the notice, demand or order, or after the refusal, as the case may be, appeal to the Circuit Court, and no proceedings shall be taken by the local authority to enforce any notice, demand or order against which an appeal is brought before the appeal has been finally determined:

Provided that—

(i) on an appeal under paragraph (b) or paragraph (c) of this sub-section no question shall be raised which might have been raised on an appeal against the original notice requiring the execution of the works; and

(ii) no appeal shall lie under paragraph (d) or paragraph (e) of this sub-section at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

(2) In any appeal to the Circuit Court under this section—

(a) the court may make such order either confirming or quashing or varying the notice, demand or order as it thinks fit, and may, if it thinks fit, accept from an appellant any such undertaking as might have been accepted by the local authority, and any undertaking so accepted by the court shall have the like effect as if such undertaking had been given to and accepted by the local authority under this Part of this Act; and

(b) where the court allows an appeal against a notice requiring the execution of works to a dwelling-house, it shall, if requested by the local authority so to do, include in its judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense.

(3) Rules of Court shall regulate the practice and procedure of the Circuit Court under this section, and the rules shall make provision with respect to an inspection by the Circuit Court of the premises to which the appeal relates in any case in which the court considers that such inspection is desirable.

(4) Any notice, demand or order against which an appeal might be brought to the Circuit Court under this section shall, if no such appeal is brought, become operative on the expiration of the period of twenty-one days mentioned in sub-section (1) of this section and shall be final and conclusive as to any matters which could have been raised on such an appeal, and any such notice, demand or order against which an appeal is brought shall, if and so far as it is confirmed by the Circuit Court, become operative as from the date of the final determination of the appeal.

(5) For the purposes of this Part of this Act the withdrawal of an appeal shall be deemed to be the determination thereof, having the like effect as a decision confirming the notice, demand or order, or decision appealed against.

(6) No appeal shall lie under section 61 of the Courts of Justice Act, 1924 (No. 10 of 1924) from a decision of the Circuit Court under this section.

Power of local authority to acquire and repair certain houses.

28. —(1) Where any person has appealed against a notice under this Part of this Act requiring the execution of works to a dwelling-house, and the Circuit Court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local authority may purchase that house by agreement, or may be authorised to purchase it compulsorily in accordance with the provisions of this section, and, if they purchase the house compulsorily, they shall forthwith execute all such works as were specified in the notice against which the appeal was brought.

(2) A local authority may for the purposes of this section be authorised to purchase a house by a compulsory purchase order made and submitted to the Minister within six months after the determination of the appeal and confirmed by him in accordance with the provisions of the Second Schedule to this Act; but if any person being an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Minister and within such, period as the Minister may fix, the works specified in the notice against which the appeal was brought, the Minister shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking.

(3) The compensation to be paid for any house purchased compulsorily under this section shall be the value, at the time when the valuation is made, of the site as a cleared site available for development in accordance with the requirements of the building bye-laws for the time being in force in the district, and subject as aforesaid, shall be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925).