Divisional Courts
| Published date | 01 April 1975 |
| Date | 01 April 1975 |
| DOI | http://doi.org/10.1177/002201837503900204 |
| Subject Matter | Article |
Divisional Courts
Comments
on
Cases
OVERCROWDING:
DURATION
OF NOTICE
Wolkind
v.
Ali
In this case
(1975
1
All
E.R. p.193)
the
point
at issue, was
whether
a
notice
(under
the
Housing Act) relating to premises
which were used as a lodging
house
remained effective
when
the
premises were no longer used for
that
purpose
but
as accommo-
dation
for
the
accused
and
his family.
Nimer
Ali,
the
accused, was in 1967 in
occupation
of
the
ground
and
basement
floors at 15 New
Road,
London,
El.
The
premises were used by him as a lodging house.
There
were
two
rooms
on
each floor.
On
the
9thJune,
1967,
the
Local
authority,
in this case,
the
London
Borough
of
Tower
Hamlets, served a
notice
on
him
under
S.90
of
the
Housing
Act
1957.
The
notice
limited
the
amount
of
people
who
could
sleep in
either
of
the
two
rooms
on
the
ground
floor
to
two
and
he was
forbidden
to
allow
anyone
to
sleep in
the
basement. He complied
with
that
notice
until
February
1973
when
his family came
to
this
country
from
Bangladesh. He
thereupon
stopped
using
the
premises as a lodging
house. His
four
sons slept in
the
front
room
on
the
ground
floor,
and
he, his wife
and
ten-year
old
daughter
slept in
the
back
room
on
the
ground
floor.
In
due
course, this
state
of
affairs
came
to the
notice
of
the
Local
authority,
and
they
preferred
two
informations
against
him,
alleging failure
to
comply
with
the
terms
of
the
notice.
On
the
24th
July,
1973,
in
the
Thames
Magistrates'
Court
the
accused was
found
guilty
of
both
offences and
ordered
to
pay
a
fine
on
each. He
then
appealed to
the
Crown
Court,
who
allowed
the
appeal
and
quashed
the
convictions.
The
prosecutor
appealed
by
way
of
case
stated.
The
matter
came
before
aDivisional
Court
consisting
of
Lord
Widgery C.J, Bridge
and
Shaw
JJ
on
the
4th
November, 1974.
The
Court
dismissed
the
Appeal,
Lord
Widgery C.J dissenting.
Bridge
J,
giving
judgement,
said
that
the
case
turned
on
the
construction
of
S.90
of
the
Housing
Act
1957.
S.90
(i) provides:-
'If
it appears
to
aLocal
authority,
in
the
case
of
a
house
within
their
district
or
part
of
such
ahouse, which is
let
in
84
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