cw Public Health – Nuisance – Complaint by tenant – Local authority’s compulsory acquisition of house in clearance area – Local authority postponing demolition as house capable of providing accommodation of standard adequate for time being – House statutory nuisance – whether nuisance order appropriate
The local authority compulsorily acquired a house in a clearance area under the 1957 Act. They then decided that it provided an adequate level of accommodation and postponed demolition under the 1936 Act. The tenant claimed that it was a nuisance and that by virtue of what had already occurred, the council were fixed with notice.
Held: The property was unfit for habitation. The standards in the two Acts were not of a different level.
Judges:
Widgery LCJ, Melford Stevenson, Watkins JJ
Citations:
[1975] 1 WLR 365
Statutes:
Public Health Act 1936 94(2) 99, Housing Act 1957 48(1) 188
Citing:
Cited – Nottingham City District Council v Newton QBD 1974
The tenant had obtained an order finding his house to be a nuisance, and requiring it to be made habitable. The local authority had planned a slum clearance order, and was awaiting confirmation of the order.
Held: Once the magistrates found . .
Cited by:
Cited – Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the . .
Appeal from – Salford City Council v McNally HL 1976
The House considered the interaction of the 1936 and 1957 Acts as to the distinction between the questions of injury to health and fitness for human habitation: ‘It was not a defence to establish that the house, the subject of the complaint, was . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Housing
Updated: 28 April 2022; Ref: scu.178081