C1C2PART XI HOUSES IN MULTIPLE OCCUPATION
Pt. XI (ss. 345-400) applied (17.12.1996) by 1996 c. 53, s. 90(b); S.I. 1996/2842, art. 3 (with transitional, supplementary and saving provisions in arts. 5-8)
Fitness for the number of occupants
352 Power to require execution of works to render premises fit for number of occupants.
1
F1Subject to section 365 the local housing authority may serve a notice under this section where F2in the opinion of the authority, a house in multiple occupation fails to meet one or more of the requirements in paragraphs (a) to (e) of subsection (1A) and, having regard to the number of individuals or households or both for the time being accommodated on the premises, by reason of that failure the premises are not reasonably suitable for occupation by those individuals or households.
1A
The requirements in respect of a house in multiple occupation referred to in subsection (1) are the following, that is to say,—
a
there are satisfactory facilities for the storage, preparation and cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water;
b
it has an adequate number of suitably located water-closets for the exclusive use of the occupants;
c
it has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water;
d
subject to section 365, there are adequate means of escape from fire: and
e
there are adequate other fire precautions.
2
F3Subject to subsection (2A) the notice shall specify the works which in the opinion of the authority are required for rendering the F4house reasonably suitable—
a
for occupation by the individuals and households for the time being accommodated there, or
F62A
Where the authority have exercised or propose to exercise their powers under section 368 to secure that part of the house is not used for human habitation, they may specify in the notice such work only as in their opinion is required to meet such of the requirements in subsection (1A) as may be applicable if that part is not so used.
3
The notice may be served—
a
on the person having control of the house, or
F7b
on the person managing the house;
and the authority shall inform any other person who is to their knowledge an owner, lessee F8occupier or mortgagee of the house of the fact that the notice has been served.
4
The notice shall require the person on whom it is served to execute the works specified in the notice F9as follows, namely,—
a
to begin those works not later than such reasonable date, being not earlier than the twenty-first day after the date of service of the notice, as is specified in the notice; and
b
to complete those works within such reasonable period as is so specified.
5
If the authority are satisfied that—
a
after the service of a notice under this section the number of individuals living on the premises has been reduced to a level which will make the works specified in the notice unnecessary, and
b
that number will be maintained at or below that level, whether in consequence of the exercise of the authority’s powers under section 354 (power to limit number of occupants of house) or otherwise,
they may withdraw the notice by notifying that fact in writing to the person on whom the notice was served, but without prejudice to the issue of a further notice.
F105A
A notice served under this section is a local land charge.
5B
Each local housing authority shall—
a
maintain a register of notices served by the authority under subsection (1) after the coming into force of this subsection;
b
ensure the register is open to inspection by the public free of charge at all reasonable hours; and
c
on request, and on payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person.
6
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Pt. XI (ss. 345–400): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(4)