Housing Act 1985

Fitness for the number of occupantsE+W

352 Power to require execution of works to render premises fit for number of occupants.E+W

(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

(b)for a smaller number of individuals or households and the number of individuals or households, or both, which, in the opinion of the authority, the [F4house] could reasonably accommodate if the works were carried out [F5but the notice shall not specify any works to any premises outside the house].

[F6(2A)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

[F7(b)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.

[F10(5A)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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F12(7)Where a local housing authority serve a notice under this section in respect of any of the requirements specified in subsection (1A), and the works specified in the notice are carried out, whether by the person on whom the notice was served or by the local housing authority under section 375, the authority shall not, within the period of five years from the service of the notice, serve another notice under this section in respect of the same requirement unless they consider that there has been a change of circumstances in relation to the premises.

(8)Such a change may, in particular, relate to the condition of the premises or the availability or use of the facilities mentioned in subsection (1A).]

[F13352A Recovery of expenses of notice under s.352.E+W

(1)A local housing authority may, as a means of recovering certain administrative and other expenses incurred by them in serving a notice under section 352, make such reasonable charge as they consider appropriate.

(2)The expenses are the expenses incurred in—

(a)determining whether to serve a notice under that section,

(b)identifying the works to be specified in the notice, and

(c)serving the notice.

(3)The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.

(4)A charge under this section may be recovered by the authority from any person on whom the notice under section 352 is served.

(5)The provisions of Schedule 10 apply to the recovery by the authority of a charge under this section as they apply to the recovery of expenses incurred by the authority under section 375 (expenses of carrying out works required by notice).

(6)An order under this section—

(a)may make different provision with respect to different cases or descriptions of case (including different provision for different areas), and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)This section has effect subject to any order under section 353(6) (power of court on appeal against s.352 notice).]

353 Appeal against notice under s. 352.E+W

(1)A person on whom a notice is served under section 352 (notice requiring works to render premises fit for number of occupants), or any other person who is an owner, lessee or mortgagee of the premises to which the notice relates, may, within 21 days from the service of the notice or such longer period as the local housing authority may in writing allow, appeal to the county court.

(2)The appeal may be on any of the following grounds—

(a)that the condition of the premises did not justify the authority, having regard to the [F14requirements set out in subsection (1A)] of that section, in requiring the execution of the works specified in the notice;

(b)in the case of a notice under subsection (2)(b) of that section (notice requiring works to render premises fit for smaller number of occupants), that the number of individuals or households, or both, specified in the notice is unreasonably low;

(c)that there has been some informality, defect or error in, or in connection with, the notice;

(d)that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

[F15(dd)that the date specified for the beginning of the works is not reasonable]

(e)that the time within which the works are to be executed is not reasonably sufficient for the purpose; or

(f)that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.

(3)In so far as an appeal is based on the ground mentioned in subsection (2)(c) the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)If on an appeal the court is satisfied that—

(a)the number of persons living in the premises has been reduced, and

(b)adequate steps have been taken (by the exercise of the local housing authority’s powers under section 354 (power to limit number of occupants of house) or otherwise) to prevent that number being again increased.

the court may if it thinks fit revoke the notice or vary the list or works specified in the notice.

(5)Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(f), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to payment to be made by him to the appelant or, where the works are executed by the local housing authority, to the authority.

[F16(6)Where the court allows an appeal under this section or makes an order under subsection (5), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under section 352A made in respect of the notice to which the appeal relates.]

354 Power to limit number of occupants of house.E+W

(1)The local housing 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 352 (notice requiring execution of works to render house fit for number of occupants)—

(a)fix as a limit for the house what is in their opinion the highest number of individuals or households, or both, who should, having regard to the [F17requirements set out in subsection (1A)] of that section, occupy the house in its existing condition, and

(b)give a direction applying that limit to the house.

(2)The authority may also exercise the powers conferred by subsection (1) in relation to a part of a house; and the 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.

(3)Not less than seven days before giving a direction under this section, the authority shall—

(a)serve on an owner of the house, and on every person who is to their knowledge a lessee of the house, notice of their intention to give the direction, and

(b)post such a notice in some position in the house where it is accessible to those living in the house,

and shall afford to any person on whom a notice is so served an opportunity of making representations regarding their proposal to give the direction.

(4)The authority shall within seven days from the giving of the direction—

(a)serve a copy of the direction on an owner of the house and on every person who is to their knowledge a lessee of the house, and

(b)post a copy of the direction in some position in the house where it is accessible to those living in the house.

(5)A drection may be given notwithstanding the existence of a previous direction laying down a higher maximum for the same house or part of a house.

(6)Where the local housing authority have in pursuance of section 352 served a notice specifying the number of individuals or households, or both, which in the opinion of the authority the house could reasonably accommodate if the works specified in the notice were carried out, the authority may adopt that number in fixing a limit under subsection (1) as respects the house.

(7)The powers conferred by this section—

(a)are exercisable whether or not a notice has been given under section 352, and

(b)are without prejudice to the powers conferred by section 358 (overcrowding notices).

[F18(8)A direction under this section is a local land charge.]

355 Effect of direction under s. 354.E+W

(1)Where a direction under section 354 is given (direction limiting number of occupants), it is the duty of—

(a)the occupier for the time being of the house, or part of a house, to which the direction relates, and

(b)any other person who is for the time being entitled or authorised to permit individuals to take up residence in that house or part,

not to permit [F19any individual to take up residence in that house or part unless the number of individuals or households then occupying the house or part would not exceed the limit specified in the direction.]

(2)A person who knowingly fails to comply with the requirements imposed on him by subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding [F20level 5] on the standard scale.

356 Power to require information about occupation of house.E+W

(1)The local housing authority may from time to time serve on the occupier of a house or part of a house in respect of which there is in force a direction under section 354 (direction limiting number of occupants) a notice requiring him to furnish them within seven days with a statement in writing giving all or any of the following particulars—

(a)the number of individuals who are, on a date specified in the notice, living in the house or part of the house, as the case may be;

(b)the number of families or households to which those individuals belong;

(c)the names of those individuals and of the heads of each of those families or households;

(d)the rooms used by those individuals and families or households respectively.

(2)An occupier who makes default in complying with the requirements of a notice under this section, or furnishes a statement which to his knowledge is false in a material particular, commits a summary offence and is liable on conviction to a fine not exceeding [F21level 3] on the standard scale.

357 Revocation or variation of direction under s. 354.E+W

(1)The local housing authority may, on the application of a person having an estate or interest in a house in respect of which a direction is in force under section 354 (direction limiting number of occupants), having regard to any works which have been executed in the house or any other change of circumstances, revoke the direction or vary it so as to allow more people to be accommodated in the house.

(2)If the authority refuse such an application or do not within 35 days from the making of such an application, or such further period as the applicant may in writing allow, notify the applicant of their decision, the applicant may appeal to the county court.

(3)On an appeal the court may revoke the direction or vary it in any manner in which it might have been varied by the authority.