Housing Act 1985

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)