Part 3Overcrowding statutory notices
I117Overcrowding in private rented housing: statutory notice
1
A local authority may, subject to section 18, require the landlord of a house to which subsection (2) applies to take steps to ensure the house is not overcrowded.
2
This subsection applies to any house in the local authority's area—
a
which is overcrowded, and
b
the overcrowding of which is, in the local authority's opinion, contributing or connected to (or is likely to contribute or be connected to)—
i
an adverse effect on the health or wellbeing of any person,
ii
an adverse effect on the amenity of the house or its locality.
3
A requirement under subsection (1) must be made by serving a notice (an “overcrowding statutory notice”) on the landlord in accordance with section 28.
4
Where there are joint landlords, the duty under subsection (3) may be satisfied by service on any one of them.
5
An overcrowding statutory notice—
a
must specify—
i
the steps which require to be carried out to ensure the house is no longer overcrowded, and
ii
the period within which the steps must be completed (being a period not shorter than 28 days),
b
must state the conditions set out in section 20, and
c
may specify other steps which require to be carried out for the purposes of section 20(b) or otherwise.
6
An overcrowding statutory notice may not specify any step which would require the landlord to breach any statutory or contractual obligation.
7
The Scottish Ministers may by order prescribe—
a
the form of an overcrowding statutory notice,
b
other information to be included in the notice,
c
persons who must be given a copy of the notice by the local authority.
8
Before making an order under subsection (7), the Scottish Ministers must consult—
a
local authorities,
b
such persons or bodies as appear to them to be representative of the interests of—
i
landlords,
ii
occupiers of houses, and
c
such other persons or bodies (if any) as they consider appropriate (which may include landlords or occupiers of houses).