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104
It should be noted that for the purposes of these tables (i) a child
under one year of age is not counted and a child between the ages of
one and ten years counts as half a person; (ii) only rooms normally
used in the locality for sleeping or living purposes are counted as
rooms; (iii) no room under 50 square feet is counted; (iv) rooms
occupied by a sub-tenant must be regarded as a separate house; (v) in
measuring the rooms, the floor area is measured at the level of the
floor, and includes bay windows extensions and space taken up by
cupboards and projecting chimney-breasts; but where the height of
the ceiling above the floor does not exceed five feet, then the floor
area below that part of the ceiling is excluded.
It is relevant to point out that this standard does not represent
an ideal standard of housing, but the minimum which is, in the view
of Parliament, tolerable, while at the same time capable of immediate
or early enforcement.
The Housing Act, 1936, provides that, after a date to be fixed by
the Minister of Health, it will be an offence for any occupier or landlord
of a house to cause or permit the house to be overcrowded. The
date fixed by the Minister for Hampstead is the 1st January, 1938.
It is the duty of a Landlord to prevent his house from becoming
overcrowded, and he will be deemed to have caused or permitted overcrowding
(i) if, after the Borough Council has notified him or his
agent in writing that the house is overcrowded, he fails to take all
reasonable steps to secure the abatement of such overcrowding, by
the removal of a tenant or tenants, including legal proceedings for
the recovery of possession of the house, or (ii) if, when letting the
house after 1st January, 1938, he or his agent (a) had reasonable
cause to believe that it would become overcrowded, or (b) failed to
make inquiries of the proposed occupier as to the number, age and
sex of persons who would be allowed to sleep in the house.
As from 1st January, 1938, every rent book or other similar
document must contain a specified summary of the provisions of the
Act relating to overcrowding, including a statement of the number
of persons permitted to sleep in the house,