Housing Act 1985

Overcrowding

358 Service of overcrowding notice.

(1) Where it appears to the local housing authority in the case of a house in multiple occupation—

(a) that an excessive number of persons is being accommodated on the premises, having regard to the rooms available, or

(b) that it is likely that an excessive number of persons will be accommodated on the premises, having regard to the rooms available.

they may serve an overcrowding notice on the occupier of the premises or on the person managing the premises, or on both.

(2) At least seven days before serving an overcrowding notice, the local housing authority shall—

(a) inform the occupier of the premises and any person appearing to them to be managing the premises, in writing, of their intention to do so, and

(b) ensure that, so far as is reasonably possible, every person living in the premises is informed of that intention;

and they shall afford those persons an opportunity of making representations regarding their proposal to serve the notice.

(3) If no appeal is brought under section 362, the overcrowding notice becomes operative at the end of the period of 21 days from the date of service, and is final and conclusive as to matters which could have been raised on such an appeal.

(4) A person who contravenes an overcrowding notice commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

359 Contents of overcrowding notice.

(1) An overcrowding notice shall state in relation to every room on the premises—

(a) what in th opinion of the local housing authority is the maximum number of persons by whom the room is suitable to be occupied as sleeping accommodation at any one time, or

(b) that the room is in their opinion unsuitable to be occupied as sleeping accommodation;

and the notice may specify special maxima applicable where some or all of the persons occupying the room are under such age as may be specified in the notice.

(2) An overcrowding notice shall contain either—

(a) the requirement set out in section 360 (not to permit excessive number of persons to sleep on premises), or

(b) the requirement set out in section 361 (not to admit new residents if number of persons is excessive;

and where the local housing authority have served on a person an overcrowding notice containing the latter requirement, they may at any time withdraw the notice and serve on him in its place an overcrowding notice containing the former requirement.

360 Requirement as to overcrowding generally.

(1) The first requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly—

(a) permitting a room to be occupied as sleeping accommodation otherwise than in accordance with the notice, or

(b) permitting persons to occupy the premises as sleeping accommodation in such numbers that it is not possible to avoid persons of opposite sexes who are not living together as husband and wife sleeping in the same room.

(2) For the purposes of subsection (1)(b)—

(a) children under the age of 12 shall be left out of account, and

(b) it shall be assumed that the persons occupying the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

361 Requirement as to new residents.

(1) The second requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly—

(a) permitting a room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the notice, or

(b) permitting a new resident to occupy any part of the premises as sleeping accommodation if that is not possible without persons of opposite sexes who are not living together as husband and wife sleeping in the same room;

and for this purpose “new resident” means a person who was not living in the premises immediately before the notice was served.

(2) For the purposes of subsection (1)(b)—

(a) children under the age of 12 shall be left out of account, and

(b) it shall be assumed that the persons occupying any part of the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

362 Appeal against overcrowding notice.

(1) A person aggrieved by an overcrowding notice may, within 21 days after the date of service of the notice, appeal to the county court, which may make such order either confirming, quashing or varying the notice as it thinks fit.

(2) If an appeal is brought the notice does not become operative until—

(a) a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.

363 Revocation and variation of notice.

(1) The local housing authority may at any time, on the application of a person having an estate or interest in the premises—

(a) revoke an overcrowding notice, or

(b) vary it so as to allow more people to be accommodated on the premises.

(2) If the authority refuse such an application, or do not within 35 days from the making of the application (or such further period as the applicant may in writing allow) notify the applicant of their decision, the applicant may appeal to the county court.

(3) On an appeal the court may revoke the notice or vary it in any manner in which it might have been varied by the local housing authority.

364 Power to require information where notice in force.

(1) The local housing authority may from time to time serve on the occupier of premises in respect of which an overcrowding notice is in force a notice requiring him to furnish them within seven days with a statement in writing giving any of the following particulars—

(a) the number of individuals who are, on a date specified in the notice, occupying any part of the premises as sleeping accommodation;

(b) the number of families or households to which those individuals belong;

(c) the names of those individuals and of the heads of each of those families or households;

(d) the rooms used by those individuals and families or households respectively.

(2) A person who—

(a) knowingly fails to comply with the requirements of such a notice, or

(b) furnishes a statement which he knows to be false in a material particular,

commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale.

365 Means of escape from fire; general provisions as to exercise powers.

(1) If it appears to the local housing authority that a house in multiple occupation is not provided with such means of escape from fire as the authority consider necessary, the authority may exercise such of their powers under—

• section 366 (power to require execution of works), and

• section 368 (power to secure that part of house not used for human habitation),

as appear to them to be most appropriate.

(2) The authority shall so exercise those powers if the house is of such description or is occupied in such manner as the Secretary of State may specify by order.

(3) Before serving a notice under section 366 or accepting an undertaking or making a closing order under section 368, the local housing authority shall consult with the fire authority concerned.

(4) An order under subsection (2)—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

366 Means of escape from fire: power to require execution of works.

(1) The local housing authority may serve a notice specifying—

(a) the works which in the opinion of the local housing authority are required as respects the house to provide the necessary means of escape from fire, or

(b) where the authority exercise their powers under section 368 to secure that part of the house is not used for human habitation, such work only as in their opinion is required to provide the means of escape from fire which will be necessary if that part is not so used.

(2) The notice may be served—

(a) on the person having control of the house, or

(b) on a person to whom the house is let at a rackrent or who as agent or trustee of a person to whom the house is so let, receives rents or other payments from tenants of parts of the house or lodgers in the house;

and the authority shall inform any other person who is to their knowledge an owner, lessee or mortgagee of the house of the fact that the notice has been served.

(3) The notice shall require the person on whom it is served to execute the works specified in the notice within such period, not being less than 21 days from the service of the notice, as may be so specified; but that period may from time to time be extended by written permission of the authority.

367 Appeal against notice under s. 366.

(1) A person on whom a notice is served under section 366 (means of escape from fire: notice requiring execution of works), or any other person who is an owner, lessee or mortgagee of the house to which the notice relates, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court.

(2) The appeal may be on any of the following grounds—

(a) that the notice is not justified by the terms of that section;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

(d) that the time within which the works are to be executed is not reasonably sufficient for the purpose;

(e) that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as the holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.

(3) In so far as an appeal is based on the ground mentioned in subsection (2)(b), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4) Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(e), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to the payment to be made by that other person to the appellant or, where the works are executed by the local housing authority, to the authority.

368 Means of escape from fire: power to secure that part of house not used for human habitation.

(1) If it appears to the local housing authority that the means of escape from fire would be adequate if part of the house were not used for human habitation, they may secure that that part is not so used.

(2) For that purpose, the authority may, if after consultation with any owner or mortgagee they think fit to do so, accept an undertaking from him that that part will not be used for human habitation without the permission of the authority.

(3) A person who, knowing that such an undertaking has been accepted—

(a) uses the part of the house to which the undertaking relates in contravention of the undertaking, or

(b) permits that part of the house to be so used,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale; and if he so uses it or permits it to be so used after conviction, he commits a further summary offence and is liable on conviction to a fine not exceeding £5 for every day or part of a day on which he so uses it or permits it to be so used.

(4) If the local housing authority do not accept an undertaking under subsection (2) with respect to a part of a house, or where they have accepted such an undertaking and that part of the house is at any time used in contravention of the undertaking, the authority may make a closing order with respect to that part of the house.

(5) The provisions of Part IX apply to a closing order under subsection (4) as they apply to a closing order made under section 265 by virtue of section 266(a) (closing order in respect of part of building unfit for human habitation), but with the modification that the ground on which the authority are required to determine the order under section 278(1) (premises rendered fit) shall be that the authority are satisfied that the means of escape from fire with which the house is provided is adequate (owing to a change of circumstances) and will remain adequate if the part of the house with respect to which the order was made is again used for human habitation.

(6) Nothing in the Rent Acts prevents possession being obtained of a part of a house which in accordance with an undertaking in pursuance of this section cannot for the time being be used for human habitation.