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1938 64
(iv) The Act contains special provisions relating to overcrowding already
existing on the above-mentioned date, or which is due to a child attaining the
age of either one or ten years after that date, or which is due to exceptional
circumstances. Full information about these special provisions and all provisions
as to overcrowding can be obtained free on application to the Medical Officer
of Health, Town Hall, Upper Street, N.l.
(d) It is important to note that the permitted number entered in the rent
book is the permitted number for the dwelling to which the rent book relates and
is based on the assumption that the tenant is occupying the whole of the dwellinghouse
himself. If the occupier sub-lets part of his dwelling and inserts in his subtenant's
rent book the permitted number for the dwelling occupied by the sub-tenant,
he must not assume that the permitted number for that part of the house which he
retains in his own possession is the difference between the permitted number in the
sub-tenant's rent book and the permitted number in his own rent book. For
example, if a tenant rents a six-roomed house from his landlord, the permitted
number inserted in his rent book may be 12. If the tenant sub-lets three of those
rooms to a sub-tenant, the permitted number entered in the sub-tenant's rent book
will be 5. The permitted number for the three rooms retained by the tenant will
also be 5 and not 7—the difference between 12 and 5.
(e) The permitted number of persons in relation to a dwelling-house in the
Metropolitan Borough of Islington may be obtained from the Medical Officer
of Health, Town Hall, Upper Street, N.l.
5. Duties of Occupier.
(a) After the 1st October 1938, it is the duty of an occupier to prevent overcrowding
in his dwelling-house.
(b) The occupier of a dwelling-house may defend himself from the charge
of permitting the house to be overcrowded by proving any of the following facts :—
(i) That all persons sleeping there were persons who were living there on
1st October, 1938, and since that date have lived there continuously, or were children
born since that date of any of those persons.
(ii) That the overcrowding is due solely to the fact that since 1st October,
1938, a child has attained the age of one year and is counted as half a person or
has attained the age of ten years and is counted as one person, provided that
the occupier has applied to the Borough Council for alternative accommodation.
(iii) That the overcrowding is due solely to a member of the occupier's family
sleeping temporarily but not living in the house. This will enable an occupier
to have a member of his family to visit him on a short stay, without infringing
the provisions as to overcrowding.
(c) But the above defences are not conclusive, because although he may be
able to prove one or other of these facts, the occupier will still have committed
an offence if:—
(a) He fails to accept an offer of suitable alternative accommodation ; or
(b) The removal from the house of some person, not being a member of the
occupier's family, becomes reasonably practicable and the occupier fails to require
the removal of such person.