Housing Act 1985

Supplementary provisions E+W

339 Enforcement of this Part. E+W

(1) The local housing authority shall enforce the provisions of this Part.

(2) A prosecution for an offence against those provisions may be brought only—

(a) by the local housing authority,or

(b) in the case of a prosecution against the authority themselves, with the consent of the Attorney General.

340 Powers of entry. E+W

(1) A person authorised by the local housing authority may at all reasonable times, on giving 24 hours’ notice to the occupier, and to the owner if the owner is known, enter any premises for the purpose of survey and examination where it appears to the authority that survey or examination is necessary in order to determine whether any powers under this Part should be exercised.

(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose for which it is given [F1 and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

Textual Amendments

F1 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 73

341 Penalty for obstruction. E+W

(1) It is a summary offence [F2 intentionally] to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2) A person committing such an offence is liable on conviction to a fine not exceeding [F3 level 3] on the standard scale.

Textual Amendments

F2 Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 74(1)

F3 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 74(2)

342 Meaning of “suitable alternative accommodation”. E+W

(1) In this Part “suitable alternative accommodation”, in relation to the occupier of a dwelling, means a dwelling as to which the following conditions are satisfied—

(a) he and his family can live in it without causing it to be overcrowded;

(b) it is certified by the local housing authority to be suitable to his needs and those of his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means;

(c) where the dwelling belongs to the local housing authority, it is certified by them to be suitable to his needs and those of his family as respects accommodation.

(2) For the purpose of subsection (1)(c) a dwelling containing two bedrooms shall be treated as providing accommodation for four persons, a dwelling containing three bedrooms shall be treated as providing accommodation for five persons and a dwelling containing four bedrooms shall be treated as providing accommodation for seven persons.

343 Minor definitions. E+W

In this Part—

• “agent”, in relation to the landlord of a dwelling—

(a) means a person who collects rent in respect of the dwelling on behalf of the landlord, or is authorised by him to do so, and

(b) in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes a person who pays remuneration on behalf of the employer, or is authorised by him to do so;

• “dwelling” means premises used or suitable for use as a separate dwelling;

• “landlord”, in relation to a dwelling—

(a) Means the immediate landlord of an occupier of the dwelling, and

(b) in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes the occupier’s employer;

• “owner”, in relation to premises—

(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple, whether in possession or in reversion, and

(b) includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

344 Index of defined expressions:Part X E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

agent (in relation to the landlord of a dwelling)	section 343
district (of a local housing authority)	section 2(1)
dwelling	section 343
landlord	sections 343 and 621
local housing authority	section 1, 2(2)
overcrowding (and related expressions)	section 324
owner	section 343
permitted number (of persons sleeping in a dwelling)	section 326
prescribed	section 614
standard scale (in reference to the maximum fine on summary conviction)	section 622
suitable alternative accommodation	section 342