316 Power of court to authorise owner to demolish premises on default of another owner.
(1) If it appears to a magistrates’ court on the application of an owner of premises in respect of which a demolition order . . . has been made, that owing to the default of another owner of the premises in demolishing the premises, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises, and, within a period fixed by the order, demolish them.
(2) Where the court makes an order under subsection (1), the court may, where it seems to the court just to do so, make a like order in favour of any other owner.
(3) Before an order is made under this section, notice of the application shall be given to the local housing authority.
317 Power of court to determine lease where premises demolished . . . .
(1) Where premises in respect of which a demolition . . . order under this Part has become operative form the subject matter of a lease, the lessor or the lessee may apply to the appropriate tribunal for an order determining or varying the lease.
(2) On the application the tribunal may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.
(3) The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the tribunal may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
(4) In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.
318 Power of tribunal to authorise execution of works on unfit premises or for improvement.
(1) Where on an application made by a person entitled to any interest in land used in whole or in part as a site for dwellings or houses in multiple occupation or both the appropriate tribunal is satisfied—
(a) that the premises on the land are, or are likely to become, dangerous or harmful to health or safety and the interests of the applicant are thereby prejudiced, or
(b) that the applicant should be entrusted with the carrying out of a scheme of improvement or reconstruction approved by the local housing authority,
the tribunal may make an order empowering the applicant forthwith to enter on the land and within a period fixed by the order execute such works as may be necessary.
(2) Where the tribunal makes such an order, it may order that any lease held from the applicant and any derivative lease shall be determined, subject to such conditions and the payment of such compensation as the court may think just.
(3) The tribunal shall include in its order provisions to secure that the proposed works are carried out and may authorise the local housing authority to exercise such supervision or take such action as may be necessary for the purpose.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises—
(a) for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or
(b) for the purpose of survey and examination where a demolition . . . order, . . . , has been made in respect of the premises; or
(c) for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.
(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
(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 pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
(2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
(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 or more flats ”,
“ category 1 hazard ”,
“ category 2 hazard ”,
“ common parts ”, in relation to a building containing one or more flats,
“ dwelling ”,
“ flat ”,
“ hazard ”.
(2) In this Part—
“ health ” includes mental health;
“ house in multiple occupation ” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act);
“ owner ”, in relation to premises—
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and
includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;
“ premises ” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made.
(3) This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.
(4) In this Part “appropriate tribunal” means—
(a) in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
(b) in relation to premises in Wales, a residential property tribunal.
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), or
(b) the standard specified in section 326 (the space standard).
(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 opposite sexes who are not living together as a married couple or civil partners must sleep in the same room.
(2) For this purpose—
(a) children under the age of ten shall be left out of account, and
(b) a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.
(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 rooms of the dwelling available as sleeping accommodation.
(2) For this purpose—
(a) no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and
(b) a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.
(3) The permitted number of persons in relation to a dwelling is whichever is the less of—
(a) the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and
(b) the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1
No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.
Table I
Number of rooms | Number of persons
1 | 2
2 | 3
3 | 5
4 | 7½
5 or more | 2 for each room
Table II
Floor area of room | Number of persons
110 sq. ft. or more | 2
90 sq. ft. or more but less than 110 sq.ft. | 1½
70 sq. ft. or more but less than 90 sq. ft. | 1
50 sq. ft. or more but less than 70 sq. ft. | ½
(4) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.
(5) Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.
327 Penalty for occupier causing or permitting overcrowding.
(1) The occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence, subject to subsection (2).
(2) The occupier is not guilty of an offence—
(a) if the overcrowding is within the exceptions specified in section 328 or 329 (children attaining age of 10 or visiting relatives), or
(b) by reason of anything done under the authority of, and in accordance with any conditions specified in, a licence granted by the local housing authority under section 330.
(3) A person committing an offence under this section is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding one-tenth of the amount corresponding to that level in respect of every day subsequent to the date on which he is convicted on which the offence continues.
(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 occupier—
(a) applies to the local housing authority for suitable alternative accommodation, or
(b) has so applied before the date when the child attained the age in question,
he does not commit an offence under section 327 (occupier causing or permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to take action in the circumstances specified in subsection (3).
(2) The condition is that all the persons sleeping in the dwelling are persons who were living there when the child attained that age and thereafter continuously live there, or children born after that date of any of those persons.
(3) The exception provided by this section ceases to apply if—
(a) suitable alternative accommodation is offered to the occupier on or after the date on which the child attains that age, or, if he has applied before that date, is offered at any time after the application, and he fails to accept it, or
(b) the removal from the dwelling of some person not a member of the occupier’s family is on that date or thereafter becomes reasonably practicable having regard to all the circumstances (including the availability of suitable alternative accommodation for that person and the occupier fails to require his removal.
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, the occupier is not guilty of an offence under section 327 (occupier causing or permitting overcrowding) unless the circumstances are such that he would be so guilty if that member of his family were not sleeping there.
(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 excess of the permitted number to sleep in the dwelling.
(2) The authority may grant such a licence if it appears to them that there are exceptional circumstances (which may include a seasonal increase of population) and that it is expedient to do so; and they shall specify in the licence the number of persons authorised in excess of the permitted number.
(3) The licence shall be in the prescribed form and may be granted either unconditionally or subject to conditions specified in it.
(4) The local housing authority may revoke the licence at their discretion by notice in writing served on the occupier and specifying a period (at least one month from the date of service) at the end of which the licence will cease to be in force.
(5) Unless previously revoked, the licence continues in force for such period not exceeding twelve months as may be specified in it.
(6) A copy of the licence and of any notice of revocation shall, within seven days of the issue of the licence or the service of the notice on the occupier, be served by the local housing authority on the landlord (if any) of the dwelling.
331 Penalty for landlord causing or permitting overcrowding.
(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 permit it to be overcrowded in the following circumstances, and not otherwise—
(a) if he or a person effecting the letting on his behalf had reasonable cause to believe that the dwelling would become overcrowded in circumstances rendering the occupier guilty of an offence;
(b) if he or a person effecting the letting on his behalf failed to make inquiries of the proposed occupier as to the number, age and sex of the persons who would be allowed to sleep in the dwelling;
(c) if notice is served on him or his agent by the local housing authority that the dwelling is overcrowded in such circumstances as to render the occupier guilty of an offence and he fails to take such steps as are reasonably open to him for securing the abatement of the overcrowding, including if necessary legal proceedings for possession of the dwelling.
(3) A person committing an offence under this section is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding one-tenth of the amount corresponding to that level in respect of every day subsequent to the day on which he is convicted on which the offence continues.
(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 the preceding provisions of this Part, and
(b) a statement of the permitted number of persons in relation to the dwelling.
(2) If a rent book or similar document not containing such a summary and statement is used by or on behalf of the landlord, the landlord is guilty of a summary offence and liable on conviction to a fine not exceeding level 1 on the standard scale.
(3) The local housing authority shall on the application of the landlord or the occupier of a dwelling inform him in writing of the permitted number of persons in relation to the dwelling; and a statement inserted in a rent book or similar document which agrees with information so given shall be deemed to be a sufficient and correct statement.
333 Duty to inform local housing authority of overcrowding.
(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 cases mentioned in subsection (2), the landlord or, as the case may be, the agent shall give notice of the fact of overcrowding to the local housing authority within seven days after that fact first comes to his knowledge.
(2) The obligation to notify does not arise in the case of overcrowding which—
(a) has already been notified to the local housing authority,
(b) has been notified to the landlord or his agent by the local housing authority, or
(c) is constituted by the use of the dwelling for sleeping by such number of persons as the occupier is authorised to permit to sleep there by a licence in force under section 330 (licence of local housing authority).
(3) A landlord or agent who fails to give notice in accordance with this section commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.
334 Duty to inspect, report and prepare proposals.
(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 Secretary of State so directs, the authority shall—
(a) cause an inspection to be made,
(b) prepare and submit to the Secretary of State a report showing the result of the inspection and the number of new dwellings required in order to abate the overcrowding, and
(c) unless they are satisfied that the dwellings will be otherwise provided, prepare and submit to the Secretary of State proposals for providing the required number of new dwellings.
(2) Where the Secretary of State gives a direction under subsection (1), he may after consultation with the local housing authority fix dates before which the performance of their functions under that subsection is to be completed.
335 Power to require information about persons sleeping in dwelling.
(1) The local housing authority may, for the purpose of enabling them to discharge their duties under this Part, serve notice on the occupier of a dwelling requiring him to give them within 14 days a written statement of the number, ages and sexes of the persons sleeping in the dwelling.
(2) The occupier commits a summary offence if—
(a) he makes default in complying with the requirement, or
(b) he gives a statement which to his knowledge is false in a material particular,
and is liable on conviction to a fine not exceeding level 1 on the standard scale.
(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 document which is being used in relation to the dwelling and is in his custody or under his control.
(2) On being so required, or within seven days thereafter, the occupier shall produce any such book or document to the officer or at the offices of the authority.
(3) An occupier who fails to do so commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.
337 Power of entry to determine permitted number of persons.
(1) A person authorised by the local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of measuring the rooms of a dwelling in order to ascertain for the purposes of this Part the number of persons permitted to use the dwelling for sleeping.
(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose for which the entry is authorised.
(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.
(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 housing authority,or
(b) in the case of a prosecution against the authority themselves, with the consent of the Attorney General.
(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 premises for the purpose of survey and examination where it appears to the authority that survey or examination is necessary in order to determine whether any powers under this Part should be exercised.
(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose for which it is given and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
(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 the performance of anything which he is by this Part required or authorised to do.
(2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.
342 Meaning of “suitable alternative accommodation”.
(1) In this Part “suitable alternative accommodation”, in relation to the occupier of a dwelling, means a dwelling as to which the following conditions are satisfied—
(a) he and his family can live in it without causing it to be overcrowded;
(b) it is certified by the local housing authority to be suitable to his needs and those of his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means;
(c) where the dwelling belongs to the local housing authority, it is certified by them to be suitable to his needs and those of his family as respects accommodation.
(2) For the purpose of subsection (1)(c) a dwelling containing two bedrooms shall be treated as providing accommodation for four persons, a dwelling containing three bedrooms shall be treated as providing accommodation for five persons and a dwelling containing four bedrooms shall be treated as providing accommodation for seven persons.
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 him to do so, and
(b) in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes a person who pays remuneration on behalf of the employer, or is authorised by him to do so;
“dwelling” means premises used or suitable for use as a separate dwelling;
“landlord”, in relation to a dwelling—
(a) Means the immediate landlord of an occupier of the dwelling, and
(b) in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes the occupier’s employer;
“owner”, in relation to premises—
(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple, whether in possession or in reversion, and
(b) includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—
agent (in relation to the landlord of a dwelling) | section 343
district (of a local housing authority) | section 2(1)
dwelling | section 343
landlord | sections 343 and 621
local housing authority | section 1, 2(2)
overcrowding (and related expressions) | section 324
owner | section 343
permitted number (of persons sleeping in a dwelling) | section 326
prescribed | section 614
standard scale (in reference to the maximum fine on summary conviction) | section 622
suitable alternative accommodation | section 342
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 “house”, in the expression “house in multiple occupation”, includes any part of a building which—
(a) apart from this subsection would not be regarded as a house; and
(b) was originally constructed or subsequently adapted for occupation by a single household;
and any reference in this Part to a flat in multiple occupation is a reference to a part of a building which, whether by virtue of this subsection or without regard to it, constitutes a house in multiple occupation.
(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.
(2) A registration scheme need not be for the whole of the authority’s district and need not apply to every description of house in multiple occupation.
(3) A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time by order revoke a registration scheme.
(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 registration as and when required by the scheme.
(2) A registration scheme shall provide that registration under the scheme—
(a) shall be for a period of five years from the date of first registration, and
(b) may on application be renewed, subject to such conditions as are specified in the scheme, for further periods of five years at a time.
(3) A registration scheme may—
(a) specify the particulars to be inserted in the register,
(b) make it the duty of such persons as may be specified by the scheme to give the authority as regards a house all or any of the particulars specified in the scheme,
(c) make it the duty of such persons as may be specified by the scheme to notify the authority of any change which makes it necessary to alter the particulars inserted in the register as regards a house.
(4) A registration scheme shall, subject to subsection (5)—
(a) require the payment on first registration of a reasonable fee of an amount determined by the local housing authority, and
(b) require the payment on any renewal of registration of half the fee which would then have been payable on a first registration of the house.
(5) The Secretary of State may by order make provision as to the fee payable on registration—
(a) specifying the maximum permissible fee (whether by specifying an amount or a method for calculating an amount), and
(b) specifying cases in which no fee is payable.
(6) An order under subsection (5)—
(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.
(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) or special control provisions (see section 348B); and different model schemes may be prepared for different descriptions of authorities and for different areas.
(3) A registration scheme which conforms to a model scheme—
(a) does not require confirmation by the Secretary of State, and
(b) comes into force on such date (at least one month after the making of the scheme) as may be specified in the scheme.
(4) Any other registration scheme does not come into force unless and until confirmed by the Secretary of State.
(5) The Secretary of State may if he thinks fit confirm such a scheme with or without modifications.
(6) A scheme requiring confirmation shall not come into force before it has been confirmed but, subject to that, comes into force on such date as may be specified in the scheme or, if no date is specified, one month after it is confirmed.
(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 number of households or persons occupying it does not exceed the number registered for it.
(2) Control provisions may prohibit persons from permitting others to take up residence in a house or part of a house but shall not prohibit a person from taking up or remaining in residence in the house.
(3) Control provisions shall not prevent the occupation of a house by a greater number of households or persons than the number registered for it if all of those households or persons have been in occupation of the house without interruption since before the number was first registered.
348 Control provisions: decisions on applications and appeals.
(1) Control provisions may enable the local housing authority, on an application for first registration of a house or a renewal or variation of registration—
(a) to refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;
(b) to refuse the application on the ground that the person having control of the house or the person intended to be the person managing the house is not a fit and proper person;
(c) to require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the authority may determine;
(d) to impose such conditions relating to the management of the house during the period of registration as the authority may determine.
(2) Control provisions shall provide that the local housing authority shall give an applicant a written statement of their reasons where they—
(a) refuse to grant his application for first registration or for a renewal or variation of registration,
(b) require the execution of works as a condition of granting such an application, or
(c) impose conditions relating to the management of the house.
(3) Where the local housing authority—
(a) notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,
(b) notify an applicant that they require the execution of works as a condition of granting such an application,
(c) notify an applicant that they intend to impose conditions relating to the management of the house, or
(d) do not within five weeks of receiving the application, or such longer period as may be agreed in writing between the authority and the applicant, register the house or vary or renew the registration in accordance with the application,
the applicant may, within 21 days of being so notified or of the end of the period mentioned in paragraph (d), or such longer period as the authority may in writing allow, appeal to the county court.
(4) On appeal the court may confirm, reverse or vary the decision of the authority.
(5) Where the decision of the authority was a refusal—
(a) to grant an application for first registration of a house, or
(b) for the renewal or variation of the registration,
the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.
(6) For the purposes of subsections (4) and (5) an appeal under subsection (3)(d) shall be treated as an appeal against a decision of the authority to refuse the application.
(7) Where the decision of the authority was to impose conditions relating to the management of the house, the court may direct the authority to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.
348A Control provisions: other decisions and appeals.
(1) Control provisions may enable the local housing authority at any time during a period of registration (whether or not an application has been made)—
(a) to alter the number of households or persons for which a house is registered or revoke the registration on the ground that the house is unsuitable and incapable of being made suitable for such occupation as is permitted by virtue of the registration; or
(b) to alter the number of households or persons for which a house is registered or revoke the registration unless such works are executed within a specified time as will make the house in question suitable for such occupation as is permitted by virtue of the registration.
(2) Control provisions which confer on a local housing authority any such power as is mentioned in subsection (1) shall provide that the authority shall, in deciding whether to exercise the power, apply the same standards in relation to the circumstances existing at the time of the decision as were applied at the beginning of the period of registration.
(3) Control provisions may enable the local housing authority to revoke a registration if they consider that—
(a) the person having control of the house or the person managing it is not a fit and proper person, or
(b) there has been a breach of conditions relating to the management of the house.
(4) Control provisions shall also provide that the local housing authority shall—
(a) notify the person having control of a house and the person managing it of any decision by the authority to exercise a power mentioned in subsection (1) or (3) in relation to the house, and
(b) at the same time give them a written statement of the authority’s reasons.
(5) A person who has been so notified may within 21 days of being so notified, or such longer period as the authority may in writing allow, appeal to the county court.
(6) On appeal the court may confirm, reverse or vary the decision of the authority.
(1) A registration scheme which contains control provisions may also contain special control provisions, that is, provisions for preventing houses in multiple occupation, by reason of their existence or the behaviour of their residents, from adversely affecting the amenity or character of the area in which they are situated.
(2) Special control provisions may provide for the refusal or revocation of registration, for reducing the number of households or persons for which a house is registered and for imposing conditions of registration.
(3) The conditions of registration may include conditions relating to the management of the house or the behaviour of its occupants.
(4) Special control provisions may authorise the revocation of registration in the case of—
(a) occupation of the house by more households or persons than the registration permits, or
(b) a breach of any condition imposed in pursuance of the special control provisions,
which is due to a relevant management failure.
(5) Special control provisions shall not authorise the refusal of—
(a) an application for first registration of a house which has been in operation as a house in multiple occupation since before the introduction by the local housing authority of a registration scheme with special control provisions, or
(b) any application for renewal of registration of a house previously registered under such a scheme,
unless there has been a relevant management failure.
(6) Special control provisions may provide that in any other case where an application is made for first registration of a house the local housing authority may take into account the number of houses in multiple occupation in the vicinity in deciding whether to permit or refuse registration.
348C Special control provisions: general provisions as to decisions and appeals.
(1) Special control provisions shall provide that the local housing authority shall give a written statement of their reasons to the applicant where they refuse to grant his application for first registration, or for a renewal or variation of a registration, or impose conditions of registration on such an application.
(2) Special control provisions shall provide that the authority shall give written notice to the person having control of the house and the person managing it of any decision by the authority—
(a) to vary the conditions of registration (otherwise than on an application to which subsection (1) applies), or
(b) to revoke the registration of the house,
and at the same time give them a written statement of the authority’s reasons.
(3) Where in accordance with special control provisions the local housing authority—
(a) notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,
(b) notify such an applicant of the imposition of conditions of registration, or
(c) give notice to the person having control or the person managing the house of any such decision as is mentioned in subsection (2),
that person may, within 21 days of being so notified, or such longer period as the authority may in writing allow, appeal to the county court.
(4) If on appeal it appears to the court—
(a) that there has been any informality, defect or error in, or in connection with, the authority’s decision, or
(b) that the authority acted unreasonably,
the court may reverse or vary the decision of the authority.
(5) In so far as an appeal is based on the ground mentioned in subsection (4)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
(6) Where the decision of the authority was a refusal—
(a) to grant an application for first registration of a house, or
(b) for the renewal or variation of the registration,
the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.
(7) Where the decision of the authority was to impose conditions of registration, the court may direct the authority to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.
348D Special control provisions: occupancy directions.
(1) Special control provisions may provide that where the local housing authority decide that the registration of a house should be revoked the authority may direct that the level of occupation of the house be reduced, within such period of not less than 28 days as they may direct, to a level such that the registration scheme does not apply.
Such a direction is referred to in this Part as an “occupancy direction”.
(2) Special control provisions shall provide that the authority shall only make an occupancy direction if it appears to the authority that there has been a relevant management failure resulting in a serious adverse effect on the amenity or character of the area in which the house is situated.
(3) In considering whether to make an occupancy direction the authority shall take into account the interests of the occupants of the house and the person having control of the house as well as the interests of local residents and businesses.
(4) Special control provisions may require the person having control of the house, and the person managing it, to take all reasonably practicable steps to comply with an occupancy direction.
(5) Nothing in Part I of the Housing Act 1988 prevents possession being obtained by any person in order to comply with an occupancy direction.
(6) Nothing in this section affects any liability in respect of any other contravention or failure to comply with control provisions or special control provisions.
348E Special control provisions: decisions and appeals relating to occupancy directions.
(1) Special control provisions shall provide that where the local housing authority make an occupancy direction in respect of a house they shall give written notice of the direction to the person having control of the house and the person managing it and at the same time give them a written statement of the authority’s reasons.
(2) A person aggrieved by an occupancy direction may, within 21 days after the date of the service of notice as mentioned in subsection (1), appeal to the county court.
(3) If on appeal it appears to the court—
(a) that there has been any informality, defect or error in, or in connection with, the authority’s decision, or
(b) that the authority acted unreasonably,
the court may make such order either confirming, quashing or varying the notice as it thinks fit.
(4) In so far as an appeal is based on the ground mentioned in subsection (3)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
(5) If an appeal is brought the direction does not become operative until—
(a) a decision on the appeal confirming the direction (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or
(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the direction (with or without variation).
(6) For this purpose the withdrawal of an appeal has the same effect as a decision confirming the direction or decision appealed against.