HC Deb 12 July 1978 vol 953 cc655-7W
Mr. Charles Irving

asked the Secretary of State for the Environment (1) what steps he has taken to ensure that local fire authorities satisfy themselves that the fire precautions in lodging houses and hostels in their area are adequate to safeguard those people who live in them from the risk of death or injury by fire;

(2) what duties and powers are available to housing authorities to enforce housing and public health standards on lodging houses and hostels;

(3) what discussions he has had to ensure that local fire authorities and local housing authorities urgently co-ordinate their implementation of fire precautions in lodging houses and hostels used by single homeless people;

(4) what guidance he has issued to local authorities on the use of their duties and powers for enforcing housing and public health standards on housing in multiple occupation;

(5) when he last issued guidance to local authorities on the use of their duties and powers for enforcing housing and public health standards on lodging houses and hostels.

Mr. Armstrong

Part IX of the Public Health Act 1936 requires that persons responsible for common lodging houses be registered with the district council or London borough. This registration has to be renewed not less often than every 13 months. Section 238 of the Act requires the authority to inspect the premises concerned and empowers it to refuse registration if it is satisfied that the premises are not suitable for such use. Local authorities also have powers to make byelaws, which are subject to confirmation by the Secretary of State in respect of common lodging houses. Guidance has been given in the form of a model set of byelaws, published shortly after the Act came into force.

Part II of the Housing Act 1961, as extended by the Housing Acts 1964 and 1969, empowers the local authority to require works to be undertaken in respect of conditions in houses in multiple occupation, including common lodging houses,, hostels and similar types of accommodation which fall within the definition in the Act— a house which is occupied by persons who do not form a single household". Guidance on the Acts relating to houses in multiple occupation is contained in Ministry of Housing and Local Government circulars 16/62, 51/64 and 67/69.

The general powers available to authorities under sections 92 to 100 of the Public Health Act 1936 in respect of "statutory nuisances", and Part II of the Housing Act 1957 in relation to houses that are unfit for human habitation, by reference to the standard defined in section 4 of that Act—as amended by the Housing Act 1969—also apply to lodging houses, hostels and similar types of accommodation.

The powers in Part IX of the Public Health Act, to refuse registration, may be exercised if the authority is not satisfied there is suitable means of escape from fires. Section 60 of the Public Health Act 1936 is also available to authorities to require satisfactory means of escape from fire in respect of buildings exceeding two storeys in height. I believe these provisions are well known to authorities and that it is normal practice for the advice of the fire authority to be obtained by authorities considering the exercise of these powers. MHLG circular 16/62 specifically draws the attention of authorities to section 16 of the Housing Act 1961, which requires the local authority to consult the local fire authority before issuing any notice relating to work required in connection with the provision of means of escape from fire. These are the powers most commonly used by authorities in respect of requirements for means of escape in case of fire. In addition, where necessary, section 10 of the Fire Precautions Act 1971, enables a fire authority to apply for a court order to prohibit the use of all or part of any premises, including lodging houses and hostels, until such time as sufficient improvements to fire precautions have been made if, in its view, the premises present an excessive risk to persons in the event of fire.

I am sure that local fire and housing authorities do not need reminding of the statutory responsibilities which have been placed upon them, and of the desirability of co-ordination in exercising these responsibilities. However, in view of its importance, my right hon. Friends keep this matter under review, and are at present considering whether there is a case for further guidance to improve the effectiveness of measures relating to lodging houses and hostels.