Housing Act 1985

Responsibilities of landlord E+W

331 Penalty for landlord causing or permitting overcrowding. E+W

(1) The landlord of a dwelling commits a summary offence if he causes or permits it to be overcrowded.

(2) He shall be deemed to cause or permit it to be overcrowded in the following circumstances, and not otherwise—

(a) if he or a person effecting the letting on his behalf had reasonable cause to believe that the dwelling would become overcrowded in circumstances rendering the occupier guilty of an offence;

(b) if he or a person effecting the letting on his behalf failed to make inquiries of the proposed occupier as to the number, age and sex of the persons who would be allowed to sleep in the dwelling;

(c) if notice is served on him or his agent by the local housing authority that the dwelling is overcrowded in such circumstances as to render the occupier guilty of an offence and he fails to take such steps as are reasonably open to him for securing the abatement of the overcrowding, including if necessary legal proceedings for possession of the dwelling.

(3) A person committing an offence under this section is liable on conviction to a fine not exceeding [F1 level 2] on the standard scale and to a further fine not exceeding [F2 one-tenth of the amount corresponding to that level] in respect of every day subsequent to the day on which he is convicted on which the offence continues.

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 72(a)

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 72(b)

332 Information to be contained in rent book. E+W

(1) Every rent book or similar document used in relation to a dwelling by or on behalf of the landlord shall contain—

(a) a summary in the prescribed form of the preceding provisions of this Part, and

(b) a statement of the permitted number of persons in relation to the dwelling.

(2) If a rent book or similar document not containing such a summary and statement is used by or on behalf of the landlord, the landlord is guilty of a summary offence and liable on conviction to a fine not exceeding level 1 on the standard scale.

(3) The local housing authority shall on the application of the landlord or the occupier of a dwelling inform him in writing of the permitted number of persons in relation to the dwelling; and a statement inserted in a rent book or similar document which agrees with information so given shall be deemed to be a sufficient and correct statement.

333 Duty to inform local housing authority of overcrowding. E+W

(1) Where it comes to the knowledge of the landlord of a dwelling, or of his agent, that the dwelling is overcrowded, then, except in the cases mentioned in subsection (2), the landlord or, as the case may be, the agent shall give notice of the fact of overcrowding to the local housing authority within seven days after that fact first comes to his knowledge.

(2) The obligation to notify does not arise in the case of overcrowding which—

(a) has already been notified to the local housing authority,

(b) has been notified to the landlord or his agent by the local housing authority, or

(c) is constituted by the use of the dwelling for sleeping by such number of persons as the occupier is authorised to permit to sleep there by a licence in force under section 330 (licence of local housing authority).

(3) A landlord or agent who fails to give notice in accordance with this section commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.