HOUSE PURCHASE DEPARTMENT:
THE ASSISTED HOUSE PURCHASE SCHEME
(continued)
House Purchase Sub-Committee: July 25th 1927
The Sub-Committee considered the application of Mrs Wright to let No 49 Shaftmoor
Lane, Acocks Green for a period of six to twelve months, upon which matter the Town Clerk had been instructed by the full Committee
to give his considered opinion to this Sub-Committee:
July 19th 1927
49, Shaftmoor Lane, Acocks Green.
H R Wright, Decd.
In
accordance with the request of the Bank Committee at their meeting held yesterday, I have given this matter my careful consideration,
and beg to report as follows:
This property was originally purchased by Mr Arnold Griffiths and a Lease for 99 years from the
29th September 1926 was granted to him by the Estates Committee on the 17th December 1926. On the 18th December 1926, Mr Griffiths
mortgaged the property, with the consent of the Estates Committee, was sold by Mr Griffiths to Mr H R Wright on the 7th May last,
and on the 9th May Mr Wright mortgaged the property to the Bank to secure a similar sum of £400.
In the Lease to Mr Griffiths
the following covenant appears:
Not during the first twelve months of the said term to assign underlet or part with the possession
of the said premises or any part thereof except by way of mortgage without the consent in writing of the Corporation first had and
obtained and thereafter within one calendar month after any assignment to give to the General Manager of the Estates Department for
the time being of the Corporation or other officer duly authorised to receive the same notice thereof in writing containing the name
and address of the assignee or assignees and to pay the fee of five shillings for registering the same.
As the first twelve months
of the term has not yet expired, Mrs Wright - as the successor in title, being subject to this covenant - is under the obligation
of obtaining the consent of the Estates Committee to her proposal for letting the property if she desires or intends to do so before
that period expires.
It is true that in the Mortgage Deed entered into by her husband, and similarly in that entered into by
Mr Griffiths, the following covenant appears:
Not to demise or lease the said premises or any part thereof without the consent
of the Corporation in writing
which, in this case, would of course be the Bank Committee.
I think it would be found, however,
that the words "demise or lease" would not be deemed to include a letting of a short or temporary character. It must be pointed out
that the insertion of this covenant in the Mortgage Deed is for quite a different purpose to that included in the Lease. The latter
is framed so as to preclude any disposition of the property within the first twelve months without the Corporation's consent in order
to prevent profiteering, whereas the former is for the purpose of avoiding the depreciation of the security upon which the Bank's
money is advanced.
The view is held that a temporary letting for a short period or of a weekly or annual character would not
have any ill-effect upon the property, but a lease or demise for a period of years possibly at a low rental might be detrimental to
the value of the security.
Under these circumstances, I am of the opinion that - inasmuch as the mortgage payments are being
duly maintained, and if the proposal for a letting is of the temporary character indicated - it is not within the province of the
Bank Committee to raise any objection to such a course.
It is, however, competent for the Estates Committee to withhold their
consent to this proposal if effect is desired to be given to it before the 29th September next. After that date Mrs Wright is at liberty
to do what she pleases with the property, subject only to the condition that if she assigns the same, notification thereof must be
made to the Estates Department and a fee of five shillings paid.
Under these circumstances, I suggest that the matter be reported
forthwith to the Estates Department for necessary action.
The General Manager stated that he had asked the General Manager of
the Estates Department whether his Committee would be prepared to consent to such a course under the provisions of the lease, and
had been informed that the Estates Committee had refused to give such consent.
179 RESOLVED:- That the General
Manager be instructed to communicate with Mrs Wright informing her of the decision of the Estates Committee, and that no further action
be taken on the application so far as the Bank is concerned.
With reference to the case of W C Bates Mortgagor - 10, Denham Road,
Acocks Green, the General Manager stated that, after consultation with the Town Clerk, he had requested the City Surveyor to put the
house in proper condition and repair, so that action might then be taken to enforce the terms of the Mortgage. The City Surveyor had
asked that action should be suspended pending an inspection of houses already complained about on the same estate.
180 RESOLVED:- That the General Manager be instructed to request the City Surveyor to have the inspection made immediately and any necessary
repairs carried out forthwith to the property occupied by W C Bates, having regard to the special circumstances in this case, and
that when the house is reported to be in a satisfactory state the mortgagor be asked to pay off the arrears or give possession within
three weeks; failing which the Town Clerk and General Manager be authorised to take the necessary steps to sell the property at a
price sufficient to cover all liabilities owing.
The property in Denham Road was a Boswell house on the Stockfield Estate. Complaints
continued to escalate regarding the condition of these 'concrete' houses, particularly in relation to the Boswell houses on the Pype
Hayes Estate. At a Bank Committee meeting held on July 18th 1927, it was agreed that the Chairman and Councillor Cooper with the General
Manager be appointed representatives of the Bank to confer with the Public Works and Town Planning Committee and Estates Committee,
on the question raised in the memorial (a statement of facts, especially as the basis of a petition) recently received by the City
Council with regard to the condition of Houses on the Pype Hayes Housing Estate.
On October 10th 1927, the Bank's House Purchase
Sub-Committee considered the position relating to a number of Boswell properties on the Stockfield Estate, as shown by the Minutes
of their meeting:
On Minutes Nos 40 and 180 (W C Bates - 10, Denham Road, Acock's Green), the General Manager reported that arrangements
had now been made for the property in question to be repurchased and to find Mr Bates accommodation elsewhere; also that the Town
Clerk had intimated that he hoped to complete the Surrender in the course of the next few days.
183 RESOLVED:-
That Minutes Nos 40 and 180 be discharged.
(The Town Clerk reported on November 28th that he had taken a surrender of the lease
and the mortgage had been paid off.)
The General Manager reported that an intimation had been received that the Estates Committee
had decided to repurchase the following 12 properties at Acocks Green, having regard to the condition thereof, and the Bank had been
asked whether grants could be made for the purchase of other houses to which the Mortgagors would be transferred:
|
|
|
Arrears |
|
4
Denham Road, Acocks Green |
W W Skinner |
Nil |
|
116 Stockfield Road, Acocks Green |
F F Sutton |
Nil |
|
17 Bramley Road, Acocks Green |
A E Parker |
Nil |
|
21
Bramley Road, Acocks Green |
S F Duke |
Nil |
|
23 Bramley Road, Acocks Green |
H Weake |
Nil |
|
49 Bramley Road, Acocks Green |
T R Clifford |
Nil |
|
5 Fenton Road,
Acocks Green |
E E & A M Ross |
Nil |
|
12 Fenton Road, Acocks Green |
H A McCann |
Nil |
|
16 Fenton Road, Acocks Green |
F Jefferies |
Nil |
|
18 Fenton Road,
Acocks Green |
F Jackson |
Nil |
|
22 Fenton Road, Acocks Green |
J T Meighan |
Nil |
|
14 Fenton Road, Acocks Green |
W Greaves |
Nil |
201 RESOLVED:- That the Estates Department be informed that the Bank would be willing to make fresh advances in these cases.
203 RESOLVED:- That on completion of the repairs to the properties in the following cases, the Mortgagors be informed that unless satisfactory
payments are made in respect of the arrears owing, the Bank will take proceedings in the matter,
|
Name |
Property |
|
H Merriman |
69 Bramley
Road, Acocks Green |
|
J Hesom |
29 Fenton Road, Acocks Green |
|
J C Hughes |
40 Fenton Road, Acocks Green |
|
H S Fleming |
50 Fenton Road, Acocks Green |
The
General Manager reported that in the following eight cases the Estates Department had intimated that keys had been handed to the respective
applicants of houses situate on the Pype Hayes Estate.
|
252 Paget Road |
Hopkins |
|
980 Chester Road |
Letts |
|
964 Chester Road |
Metcalf |
|
250 Chester
Road |
Sharrid |
|
958 Chester Road |
Green |
|
982 Chester Road |
Dillon |
|
986 Chester Road |
Fitzgerald |
|
988 Chester Road |
Dunn |
That Special Bank
Committee was held on November 17th 1927 when the Committee considered the draft report produced by the Public Works & Town Planning
Committee with reference to the Pype Hayes Housing Estate.
The paragraphs in the report were considered seriatim, and amendments
were made as indicated:
PYPE HAYES ESTATE.
At the meeting of the Council held on the 5th July last, a memorial making certain
complaints concerning a number of houses which had been erected on this estate was presented, and referred to your Committee in conjunction
with the Estates and Bank Committees.
The matter has been thoroughly investigated by the Public Works & Town Planning Committee,
who invited representatives of the Bank and Estates Committees to confer with them, representatives of the three Committees, and their
observations thereon are now submitted.
Taking each item seriatim, the memorialists DEMAND
(a) THAT ALL DEFECTS BE RECTIFIED TO
THE COMPLETE SATISFACTION OF THE TENANTS.
There has never been any question about this being done either now, or in the future,
and defects have been and will continue to be rectified.
The responsibility, both in regard to houses which have been purchased
and otherwise is that of the Contractor who is equally anxious with the Corporation, and has expressed his determination to properly
meet all reasonable complaints, even to the extent of pulling down and rebuilding if that should be necessary.
(b) THAT OWNER-OCCUPIERS
WHO HAVE BEEN INDUCED TO PURCHASE BY FALSE REPRESENTATION BE RELEASED FROM THEIR CONTRACT AND GIVEN TENANCY IF THEY SO DESIRE.
No
Owner-occupier has ever been induced to purchase by any false representations, let alone false representations.
The Council will
remember that in consequence of the large number of applicants for houses on the registers of the Estates Department at the time these
houses were built, the possibilities of obtaining a house within a year or two in many cases were very remote, unless an applicant
was in a position to put down the requisite deposit and purchase a house in pursuance of the system then in vogue. As a matter of
fact, it is found that many of these people had never registered their needs until it became necessary for the purpose of purchasing
a house.
All purchasers owner-occupiers can depend upon the Corporation giving them fair and proper treatment both now and in
the future.
[NOTE: this paragraph moved from its original location at the end of section (a)]
(c) THAT THE WORK OF RECTIFYING
BE CARRIED OUT BY CRAFTSMEN EMPLOYED AND SUPERVISED BY THE CITY COUNCIL THROUGH ITS APPROPRIATE COMMITTEE.
As stated in item
(a) this work is clearly that of and will be undertaken by the Contractor. Throughout the contract all complaints which have been
brought to the notice of the City Surveyor have been rectified; but it is gathered that in many instances the Contractor was approached
direct, without any intimation being given to the Department.
It may be convenient at this stage to epitomize the complaints
and the steps taken to remedy the same:
83 houses (including those mentioned in the memorial) have been inspected and examined
by responsible officials of the Public Works and Estates Departments and their reports have formed the subject of consideration been
submitted at meetings of the representatives of the three Committees.
69 of the houses have been purchased by the occupiers and
14 are rented. Nine occupiers explained to the Inspectors that they had no complaint to make, while another six said they had no complaint
of importance but had signed the memorial with a view to assisting the occupiers of houses who had genuine complaints; to ensuring
that minor defects in their own houses would be put right; or for getting work done other than that provided in the specification.
In
53 houses the inspection showed that the defects were of a minor character such as frequently occur in houses while under maintenance.
These matters would in ordinary circumstances have been made good before the houses were taken over and occupied, but the demand for
houses was so great and urgent at that time that this practice was relaxed on all Corporation Housing Estates, and houses were allowed
to be occupied prior to their being completely finished. If the houses had been completed before occupation in the same manner as
they are being done at the present time, it is safe to assume that practically no complaints on the 53 houses in question would have
arisen. In confirmation of this statement it may be mentioned that since the policy before referred to was abandoned, the number of
complaints has been negligible.
In 13 houses, complaints of more or less defects are justified. Seven of these cases are of such
a character that they can be made good without difficulty, but in the remaining six the City Surveyor is of opinion that the defects
are such that it will be necessary to rebuild some of the walls.
Of these 13 houses, 4 are occupied by purchasers and the remaining
9 by tenants.
Where permitted, the Contractor proceeded with the works of reparation forthwith with the result that occupiers
have expressed their satisfaction with what has been done, and the City Surveyor is satisfied in a further cases that the complaints have been properly met, although the occupiers will not give an expression of opinion.
With regard
to the remaining 39 cases, difficulties are being placed in the way of the Contractor, inasmuch as the occupiers definitely decline
to permit him to enter the houses to carry out any works whatever for the present.
(d) THAT IN JUSTICE TO THE RATEPAYERS OF THE
CITY THERE SHOULD BE A FULL ENQUIRY IN ORDER TO ASCERTAIN IF THE HOUSES ARE "REINFORCED CONCRETE" AND HOW FAR THE SPECIFICATION HAS
BEEN DEPARTED FROM.
The houses have been erected by Mr M A Boswell of Wolverhampton under his registered patent "system of semi-dry
reinforced concrete".
This patent was registered to enable houses to be built rapidly by the employment for the most part of
untrained and unskilled labour.
The standard form of specification of the Department which has been used for all houses was amended
by Mr Boswell to conform to his system of construction.
The steel reinforced is confined to the stanchions and the connection
of these stanchions into the main walls where necessary, and the houses have been erected strictly in accordance with the "patent"
and specification.
The specification provides that "the concrete to walls is to be composed of four parts of approved destructor
clinker or ashes and two parts of clean sharp sand and one part of Portland cement". The concrete is mixed in a semi-dry state, placed
between aluminium shutters and rammed into position. It is made with ashes obtained from the Electric Supply Department, who have
supplied most satisfactory material for such purposes, and it is understood that that Department have used it in connection with their
own works with good results.
Concrete with ashes or breeze as the aggregate is the only satisfactory concrete for the interior
of houses because ballast concrete causes condensation and damp walls.
Large contracts for houses built with concrete walls had
already been undertaken with very satisfactory results. Exhaustive enquiries were made into Mr Boswell's system prior to its adoption,
the House Building Sub-Committee visiting houses he had erected some of which had been standing some time, and others in course of
erection. As a result of these investigations and having regard to the fact that it was impossible at that time to obtain sufficient
bricks or bricklayers for even one-half the number of houses required annually, they entered into the contract with Mr Boswell.
Your The
Public Works and Town Planning Committee feel that this explanation will completely dispel any suggestion that the specification has
been departed from and that the buildings are not erected in "reinforced concrete", so far as the term is applicable to this particular
system.
Obviously these men had to be trained, and with experience became more
efficient, a result which reflected itself in the class of work produced. This is confirmed by the fact that practically no complaints
have arisen in relation to the houses erected since that period elapsed.
(e) THAT THIS BE TREATED AS A MATTER OF URGENCY (AS
THERE IS DANGER TO LIFE AND LIMB OF OCCUPIERS) AND IMMEDIATE EFFECTIVE ACTION BE TAKEN BY THE APPROPRIATE COMMITTEE WHO SHALL REPORT
THE POSITION TO THE CITY COUNCIL AT THE NEXT MEETING OF THAT BODY.
The remarkable and outstanding feature in connection with
this matter is that many of the Memorialists are prepared and desire to remain in the same houses as tenants (See item "b") notwithstanding
that they are alleged to be dangerous to life and limb.
As mentioned in reply to item (c) in a number of cases (39) difficulty
is being experienced in carrying out the repair works. The occupiers definitely decline to permit the Contractor to enter their houses
for the present with the result that no works whatever can be executed.
It is difficult to conceive why these persons should
resort to this course of action, and yet continue to reside in the houses if the terms of the memorial are true.
Your Committee
can only suggest It is submitted that such action entirely disproves the assertion contained in item "e".