Housing Act 1985
Sections and provisions with full text and the judgments that cite each one.
Section 320 — Penalty for obstruction.
Penalty for obstruction. 320 1 It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in…
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Section 322 — Minor definitions.
Minor definitions. 322 1 In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)— “ building containing one…
Section 323 — Index of defined expressions: Part IX.
Index of defined expressions: Part IX. 323 The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an…
Section 324 — Definition of overcrowding.
Definition of overcrowding. 324 A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene— a the standard specified in…
Section 325 — The room standard.
The room standard. 325 1 The room standard is contravened when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of…
Section 326 — The space standard.
The space standard. 326 1 The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the…
Section 327 — Penalty for occupier causing or permitting overcrowding.
Penalty for occupier causing or permitting overcrowding. 327 1 The occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence, subject to subsection (2). 2 The…
Section 328 — Exception:children attaining age of 1 or 10.
Exception:children attaining age of 1 or 10. 328 1 Where a dwelling which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or ten, then if the…
Section 329 — Exception; visiting member of family.
Exception; visiting member of family. 329 Where the persons sleeping in an overcrowded dwelling include a member of the occupier’s family who does not live there but is sleeping there temporarily,…
Section 330 — Licence of local housing authority.
Licence of local housing authority. 330 1 The occupier or intending occupier of a dwelling may apply to the local housing authority for a licence authorising him to permit a number of persons in…
Section 331 — Penalty for landlord causing or permitting overcrowding.
Penalty for landlord causing or permitting overcrowding. 331 1 The landlord of a dwelling commits a summary offence if he causes or permits it to be overcrowded. 2 He shall be deemed to cause or…
Section 332 — Information to be contained in rent book.
Information to be contained in rent book. 332 1 Every rent book or similar document used in relation to a dwelling by or on behalf of the landlord shall contain— a a summary in the prescribed form of…
Section 333 — Duty to inform local housing authority of overcrowding.
Duty to inform local housing authority of overcrowding. 333 1 Where it comes to the knowledge of the landlord of a dwelling, or of his agent, that the dwelling is overcrowded, then, except in the…
Section 334 — Duty to inspect, report and prepare proposals.
Duty to inspect, report and prepare proposals. 334 1 If it appears to the local housing authority that occasion has arisen for a report on overcrowding in their district or part of it, or if the…
Section 335 — Power to require information about persons sleeping in dwelling.
Power to require information about persons sleeping in dwelling. 335 1 The local housing authority may, for the purpose of enabling them to discharge their duties under this Part, serve notice on the…
Section 336 — Power to require production of rent book.
Power to require production of rent book. 336 1 A duly authorised officer of the local housing authority may require an occupier of a dwelling to produce for inspection any rent book or similar…
Section 337 — Power of entry to determine permitted number of persons.
Power of entry to determine permitted number of persons. 337 1 A person authorised by the local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the…
Section 338 — 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…
Section 339 — Enforcement of this Part.
Enforcement of this Part. 339 1 The local housing authority shall enforce the provisions of this Part. 2 A prosecution for an offence against those provisions may be brought only— a by the local…
Section 340 — Powers of entry.
Powers of entry. 340 1 A person authorised by the local housing authority may at all reasonable times, on giving 24 hours’ notice to the occupier, and to the owner if the owner is known, enter any…
Section 341 — Penalty for obstruction.
Penalty for obstruction. 341 1 It is a summary offence intentionally to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in…
Section 342 — Meaning of “suitable alternative accommodation”.
Meaning of “suitable alternative accommodation”. 342 1 In this Part “ suitable alternative accommodation ”, in relation to the occupier of a dwelling, means a dwelling as to which the following…
Section 343 — Minor definitions.
Minor definitions. 343 In this Part— “ agent ”, in relation to the landlord of a dwelling— a means a person who collects rent in respect of the dwelling on behalf of the landlord, or is authorised by…
Section 344 — Index of defined expressions:Part X
Index of defined expressions:Part X 344 The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression…
Section 345 — Meaning of “multiple occupation”.
Meaning of “multiple occupation”. 345 In this Part “ house in multiple occupation ” means a house which is occupied by persons who do not form a single household. 2 For the purposes of this section…
Section 346 — Registration schemes.
Registration schemes. 346 1 A local housing authority may make a registration scheme authorising the authority to compile and maintain a register for their district of houses in multiple occupation.…
Section 346A — Contents of registration scheme.
Contents of registration scheme. 346A 1 A registration scheme shall make it the duty of such person as may be specified by the scheme to register a house to which the scheme applies and to renew the…
Section 346B — Model schemes and confirmation of schemes.
Model schemes and confirmation of schemes. 346B 1 The Secretary of State may prepare model registration schemes. 2 Model registration schemes may be prepared with or without control provisions (see…
Section 347 — Control provisions.
Control provisions. 347 1 A registration scheme may contain control provisions, that is to say, provisions for preventing multiple occupation of a house unless— a the house is registered, and b the…
Section 348 — Control provisions: decisions on applications and appeals.
Control provisions: decisions on applications and appeals. 348 1 Control provisions may enable the local housing authority, on an application for first registration of a house or a renewal or…
Section 348A — Control provisions: other decisions and appeals.
Control provisions: other decisions and appeals. 348A 1 Control provisions may enable the local housing authority at any time during a period of registration (whether or not an application has been…
Section 348B — Special control provisions.
Special control provisions. 348B 1 A registration scheme which contains control provisions may also contain special control provisions, that is, provisions for preventing houses in multiple…
Section 348C — Special control provisions: general provisions as to decisions and appeals.
Special control provisions: general provisions as to decisions and appeals. 348C 1 Special control provisions shall provide that the local housing authority shall give a written statement of their…
Section 348D — Special control provisions: occupancy directions.
Special control provisions: occupancy directions. 348D 1 Special control provisions may provide that where the local housing authority decide that the registration of a house should be revoked the…
Section 348E — Special control provisions: decisions and appeals relating to occupancy directions.
Special control provisions: decisions and appeals relating to occupancy directions. 348E 1 Special control provisions shall provide that where the local housing authority make an occupancy direction…
Section 348F — Special control provisions: “relevant management failure”.
Special control provisions: “relevant management failure”. 348F A “ relevant management failure ” for the purposes of sections 348B to 348E (special control provisions) means a failure on the part of…
Section 348G — Offences in connection with registration schemes.
Offences in connection with registration schemes. 348G 1 A person who contravenes or fails to comply with a provision of a registration scheme commits an offence. 2 A person who commits an offence…
Section 349 — Steps required to inform public about schemes.
Steps required to inform public about schemes. 349 1 Where a local housing authority intend to make a registration scheme which does not require confirmation by the Secretary of State, they shall…
Section 350 — Power to require information for purposes of scheme.
Power to require information for purposes of scheme. 350 1 The local housing authority may— a for the purpose of ascertaining whether a house . . . is registrable, and b for the purpose of…
Section 351 — Proof of scheme and contents of register.
Proof of scheme and contents of register. 351 1 If there is produced a printed copy of a registration scheme purporting to be made by a local housing authority, upon which there is endorsed a…
Section 352 — Power to require execution of works to render premises fit for number of occupants.
Power to require execution of works to render premises fit for number of occupants. 352 1 Subject to section 365 the local housing authority may serve a notice under this section where in the opinion…
Section 352A — Recovery of expenses of notice under s.352.
Recovery of expenses of notice under s.352. 352A 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…
Section 353 — Appeal against notice under s. 352.
Appeal against notice under s. 352. 353 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…
Section 354 — Power to limit number of occupants of house.
Power to limit number of occupants of house. 354 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…
Section 355 — Effect of direction under s. 354.
Effect of direction under s. 354. 355 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…
Section 356 — Power to require information about occupation of house.
Power to require information about occupation of house. 356 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…
Section 357 — Revocation or variation of direction under s. 354.
Revocation or variation of direction under s. 354. 357 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…
Section 358 — Service of overcrowding notice.
Service of overcrowding notice. 358 1 Where it appears to the local housing authority in the case of a house in multiple occupation— a that an excessive number of persons is being accommodated on the…
Section 359 — Contents of overcrowding notice.
Contents of overcrowding notice. 359 1 An overcrowding notice shall state in relation to every room on the premises— a what in th opinion of the local housing authority is the maximum number of…