AN INSANITARY HOUSE

Gisborne Times, Volume LVI, Issue 6318, 22 February 1922, Page 7

AN INSANITARY HOUSE

OWNER FALLS TO COMPLY ’WITH HEALTH REGULATIONS

COMPLICATIONS OVER] TENANTS.

Failure to comply with certain requests made to him by the health ■authorities per medium of tiie Cook County Council in respect to a dwelling owned by him, occasioned the appearance before Mr J. S. Barton, S.M., at . the Magistrate’s Court yesterday, of Gavin Ralston Wyllie, who was proceeded against by the Cook County Council (Mr Geo. Stock). The charge was that the defendant had allowed a house owned by him to continue to be occupied after the issue of a closing order made in consideration of the insanitary conditions of the building.

it was stated by the defendant that the tenants of the house included children and lie could not throw them out of a home. He was. however, quite willing to demolish the building, were it not for this bar, as he did not intend to repair it. Mr Stock said that Wyllie had failed to comply with the conditions of ti:e order, and the action had been brought in the ordinary course. His Worship pouted out that under the housing legislation the tenants could not be ejected summarily during the term of their tenancy, and it remained to be seen whether tiie Healtii Department thougnt building to be so dangerous to health as to have the building demolished. As matters stood, defendant had two alternatives, to eject the tenants and to effect improvements before the buildings could be tenanted with safety to health, or to pull down tlu? building, and ho choose the latter, but was barred from doing anything by the housing legislation. Mr Stock contended that the provisions of the Health Act should override those of the Housing Act. “Surely the fact that the house is insanitary is sufficient grounds for ejecting the tenants,” said Mistook.

The Magistrate : -L cannot do that. Mr Stock; Well, demolish the building.

Defendant said ho was agreeable to the issue of a demolition order.

Air Stock said that it seemed that all the Council could do was to apply for a demolition order, and in this His Worship 1 concurred. Defendant was convicted and ordered to come up for - sentence if called upon, a demolition order to lie issued in the meantime.