Section 338 — Housing Act 1985: Notice to abate overcrowding.

Notice to abate overcrowding. 338 1 Where a dwelling is overcrowded in circumstances such as to render the occupier guilty of an offence, the local housing authority may serve on the occupier notice in writing requiring him to abate the overcrowding within 14 days from the date of service of the notice.

2 If at any time within three months from the end of that period—

a the dwelling is in the occupation of the person on whom the notice was served or of a member of his family, and b it is overcrowded in circumstances such as to render the occupier guilty of an offence, the local housing authority may apply to the county court which shall order vacant possession of the dwelling to be given to the landlord within such period, not less than 14 or more than 28 days, as the court may determine.

3 Expenses incurred by the local housing authority under this section in securing the giving of possession of a dwelling to the landlord may be recovered by them from him by action.