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3. Minimum standard of accommodation
(a) A dwelling-house is deemed to be over-crowded if the accommodation is such that any two persons,
being ten years old or more, of opposite sexes and not being persons living together as husband and wife,
are obliged to sleep in the same room.
(b) The maximum number of persons, irrespective of sex, who may be permitted to sleep in a dwellinghouse
at one time is fixed in relation to the number and sizes of the rooms in the house. The maximum
permitted number may be ascertained by reference to the Public Health Department.
4. Duties of landlords
It is the duty of the landlord to prevent his dwelling-house from becoming overcrowded, and the landlord
will be deemed to have caused or permitted a dwelling-house to be overcrowded if, after the 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.
Every rent book or other similar document used in relation to a dwelling-house must contain the following
summary of the provisions of the Act relating to overcrowding, including a statement of the number of
persons permitted to sleep in the house.
(i) An occupier who causes or permits his dwelling to be over-crowded is liable to prosecution for an
offence under the Housing Act 1957, and, if convicted, to a fine not exceeding five pounds. Any part
of a house which is occupied by a separate family is a "dwelling".
(ii) A dwelling is overcrowded if the number of persons sleeping in it is more than the "permitted number",
or is such that two or more of those persons, being ten years old or over, of opposite sexes (not being
persons living together as husband and wife) must sleep in the same room.
(iii) The "permitted number" for the dwelling to which this (Rent Book) (description of other document)
relates is persons. In counting the number of persons each child under ten years of age counts
as half a person, and a child of less than one year is not counted at all.
Failure to insert this summary is punishable on conviction by a fine not exceeding ten pounds.
5. Duties of occupier
It is the duty of an occupier to prevent overcrowding in his dwelling-house.
To enable the Borough Council to discharge its 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 fourteen days of receiving notice from the Council to that effect.
6. Enforcement of the Act
It is the duty of the Council to enforce the provisions outlined above, and to take all proceedings for offences
committed under the Act.
7. Penalties
(a) An occupier or landlord of a dwelling-house who causes or permits it to be over-crowded is liable on
conviction to a fine not exceeding five pounds and to a further fine not exceeding two pounds in
respect of every day on which the offence continues subsequent to the date of conviction.
(b) The Council may serve on the occupier of a house, which is over-crowded in such circumstances as
to render him guilty of an offence, notice in writing requiring him to abate the over-crowding 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 over-crowded, in such circumstances as to render the occupier guilty of an offence, the Council
may take legal proceedings to compel the occupier to vacate the house, and recover from the landlord
the costs incidental to such proceedings.
(c) If a landlord of a dwelling-house or his agent fails to notify the Borough Council within seven days after
it has come to his knowledge that the house has become over-crowded, the landlord or his agent as the
case may be is liable on conviction to a fine not exceeding two pounds.
(d) An occupier must, on request by an authorised officer of the Council, produce for his inspection any
rent book or similar document in his custody. In default an occupier is liable on conviction to a fine
not exceeding two pounds.
(e) If an occupier having been duly requested by the Council fails to furnish in writing a statement or
knowingly makes a false statement of the number of and sexes of persons sleeping in the house within
fourteen days of such request he is liable on summary conviction to a fine not exceeding two pounds.
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