Housing Act 1985

354 Power to limit number of occupants of house. E+W

(1) The local housing authority may, for the purpose of preventing the occurrence of, or remedying, a state of affairs calling for the service of a notice or further notice under section 352 (notice requiring execution of works to render house fit for number of occupants)—

(a) fix as a limit for the house what is in their opinion the highest number of individuals or households, or both, who should, having regard to the [F1 requirements set out in subsection (1A)] of that section, occupy the house in its existing condition, and

(b) give a direction applying that limit to the house.

(2) The authority may also exercise the powers conferred by subsection (1) in relation to a part of a house; and the authority shall have regard to the desirability of applying separate limits where different parts of a house are, or are likely to be, occupied by different persons.

(3) Not less than seven days before giving a direction under this section, the authority shall—

(a) serve on an owner of the house, and on every person who is to their knowledge a lessee of the house, notice of their intention to give the direction, and

(b) post such a notice in some position in the house where it is accessible to those living in the house,

and shall afford to any person on whom a notice is so served an opportunity of making representations regarding their proposal to give the direction.

(4) The authority shall within seven days from the giving of the direction—

(a) serve a copy of the direction on an owner of the house and on every person who is to their knowledge a lessee of the house, and

(b) post a copy of the direction in some position in the house where it is accessible to those living in the house.

(5) A drection may be given notwithstanding the existence of a previous direction laying down a higher maximum for the same house or part of a house.

(6) Where the local housing authority have in pursuance of section 352 served a notice specifying the number of individuals or households, or both, which in the opinion of the authority the house could reasonably accommodate if the works specified in the notice were carried out, the authority may adopt that number in fixing a limit under subsection (1) as respects the house.

(7) The powers conferred by this section—

(a) are exercisable whether or not a notice has been given under section 352, and

(b) are without prejudice to the powers conferred by section 358 (overcrowding notices).

[F2 (8) A direction under this section is a local land charge.]

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 52

F2 S. 354(8) inserted (3.3.1997) by 1996 c. 52, s. 74; S.I. 1997/350, art. 2