Housing Act 2004 (c. 34)

Part 4 E+W Additional control provisions in relation to residential accommodation

Chapter 3 E+W Overcrowding notices

141 Requirement as to overcrowding generally E+W

(1) The requirement prescribed by this section is that the person on whom the notice is served must refrain from—

(a) permitting a room to be occupied as sleeping accommodation otherwise than in accordance with the notice; or

(b) permitting persons to occupy the HMO as sleeping accommodation in such numbers that it is not possible to avoid persons of opposite sexes who are not living together as [F1 a married couple or civil partners] sleeping in the same room.

(2) For the purposes of subsection (1)(b)—

(a) children under the age of 10 are to be disregarded; and

(b) it must be assumed that the persons occupying the HMO as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

Textual Amendments

F1 Words in s. 141(1)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(2)

Commencement Information

I1 S. 141 wholly in force at 16.6.2006; s. 141 in force for certain purposes at Royal Assent see s. 270(2)(b); s. 141 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 141 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)