Housing (Scotland) Act 1987

166 Local authority may give directions to prevent or reduce overcrowding in house in multiple occupation. S

(1) A local 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 161, fix as a limit for any house what is in their opinion the highest number of individuals who should, having regard to the considerations set out in subsections (1) and (2) of that section, live in the house in its existing condition, and give a direction applying that limit to the house.

References in this section to a house include references to part of a house, and the local 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.

(2) The powers conferred by this section shall be exercisable whether or not a notice has been given under section 161 and where a local authority have served a notice under subsection (3) of that section specifying the number of individuals or households, or both, which in the opinion of the authority any premises could reasonably accommodate if the works specified in the notice were carried out, the authority may adopt that number of individuals, or a number of individuals determined by reference to that number of households, in fixing a limit under subsection (1) as respects those premises.

(3) The powers conferred by subsection (1) may be exercised as regards any premises nothwithstanding the existence of any previous direction under the subsection laying down a higher maximum.

(4) A direction under subsection (1) shall have effect so as to make it the duty of the occupier for the time being of the house—

(a) not to permit any individual to take up residence in the house so as to increase the number of individuals living in the house to a number above the limit specified in the direction, and

(b) where the number of individuals living in the house is for the time being above the limit so specified and any individual ceases to reside in the house, not to permit any other individual to take up residence in the house.

In this subsection the reference to the occupier for the time being of a house shall include a reference to any person who is for the time being entitled or authorised to permit individuals to take up residence in the house or any part of it.

(5) If any person knowingly fails to comply with the requirements imposed on him by subsection (4) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.