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house becomes overcrowded solely because a member of the
occupier's family who does not normally reside in the house
is temporarily residing with him.
A landlord renders himself liable for prosecution for an
overcrowding offence—
(a) Where the landlord or his agent is informed in
writing by the local authority that his tenant is
committing an overcrowding offence and the
landlord does not take steps, including, if
necessary, an application to the Court to obtain
possession to put an end to the offence, and
(b) Where, on the letting of the house, the landlord
or person letting on his behalf had reasonable
cause to believe that it would be overcrowded,
or did not enquire the number, age and
sex of the persons who were going to occupy it.
The Minister of Health is given the power on the
application of a Local Authority and after consultation with
the Central Housing Advisory Committee to modify
temporarily the overcrowding standard in its application to
houses in the district of the particular Local Authority or in
any part of that district.
The Local Authority is empowered, on the application
of an occupier or intending occupier of a dwelling house, to
issue a licence allowing that dwelling house to be occupied
for a limited period by a number of persons in excess of the
permitted number for the house. Such a licence can only
be granted when the Local Authority are satisfied that
exceptional circumstances exist which make it expedient to
do so, and such licences cannot be given for a period exceeding
twelve months.
Provision is made that as from six months after the
appointed day all rent books or similar documents relating
to working class houses must contain a summary of those
provisions of the Act relating to overcrowding which affect
the occupiers, together with a statement showing the permitted
number of persons in relation to that house. To
enable this information to be given it is the duty of the
Local Authority on the application of the landlord or the
occupier of a dwelling house to inform him in writing of the
permitted number of persons in relation to the house. Powers
of entry are given to the Local Authority for the purpose
of inspecting and measuring all dwelling houses which come
within the scope of this Act, and it is the duty of a landlord
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