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(1)After section 353 of the Housing Act 1985 insert—
(1)It is the duty of the person having control of a house in multiple occupation, and of the person managing it, to take such steps as are reasonably practicable to prevent the occurrence of a state of affairs calling for the service of a notice or further notice under section 352 (notice requiring execution of works to render house fit for number of occupants).
(2)A breach of that duty is actionable in damages at the suit of any tenant or other occupant of the premises, or any other person who suffers loss, damage or personal injury in consequence of the breach.
(3)A person who fails to comply with the duty imposed on him by subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.”
(2)In section 395(2) of the Housing Act 1985 (power of entry to ascertain whether offence being committed), after the entry for section 346(6) insert—
“section 353A (failure to keep premises fit for number of occupants),”
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