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65 1938
(d) An occupier must, on request by an authorised officer of the Borough
Council, produce for his inspection any rent book or similar document in his custody.
(e) To enable the Borough Council to discharge their duties under the Act,
the occupier of a house is required to furnish to the Council a statement in writing
of the number, ages, and sexes of the persons sleeping in the house, within 14 days
of receiving notice from the Council to that effect.
6. Suitable Alternative Accommodation.
It will be seen from the foregoing that overcrowding which existed at the 1st
October 1938, or which is caused solely by the growth of the occupier's family,
does not become an offence until suitable alternative accommodation has been
offered to the occupier and refused by him. Such accommodation is defined
to mean a dwelling in which the occupier and his family can live without being overcrowded
and which has been certified by the Borough Council to be suitable to the
needs of the occupier and his family as respects security of tenure and proximity
to place of work and to be suitable in relation to his means. If the dwelling belongs
to the Borough Council they must also certify that it is suitable as respects accommodation,
having regard to the standard in Section 136 of the Housing Act, 1936.
7. Temporary Use in Excess of " Permitted Number."
In exceptional circumstances the Borough Council may, on the application of
the occupier or intending occupier of a dwelling-house, grant him a licence authorising
him to permit the house to be occupied for a limited period by such number of
persons in excess of the permitted number as may be specified in the licence. The
requirement for securing the proper separation of the sexes must always be complied
with. The licence may be revoked by the Borough Council at any time by notice
in writing, and in no case can a licence be granted for a longer period than twelve
months.
8. Enforcement of the Act.
It is the duty of the Borough Council to enforce the provisions outlined above,
and to take all proceedings for offences committed under the Act.
9. Penalties.
(a) Subject to the limitations and defences set out above, an occupier or landlord
of a dwelling-house who causes or permits it to be overcrowded after 1st October,
1938, is liable on conviction to a fine not exceeding £5 and to a further fine not
exceeding £2 in respect of every day on which the offence continues subsequent
to the date of conviction.
(b) The Borough Council may serve on the occupier of a house, which is overcrowded,
in such circumstances as to render him guilty of an offence, notice in
writing requiring him to abate the overcrowding within fourteen days, and if at
any time within three months from the expiration of that period, the house is still
occupied by the person on whom the notice was served or by a member of his
family, and is still overcrowded in such circumstances as to render the occupier
guilty of an offence, the Borough Council may take legal proceedings to compel
the occupier to vacate the house, and recover from the landlord the costs incidental
to such proceedings.