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or his agent to inform the Local Authority when it comes to
his knowledge after the appointed day that his house is overcrowded.
It is the duty of the Local Authority to enforce the overcrowding
provisions in their area, and the Local Authority
are given power to obtain vacant possession of a house which
is overcrowded in such circumstances as to constitute an
offence if the occupier, after fourteen days notice in writing
has not abated the overcrowding. In these circumstances the
Local Authority may apply to a Court of Summary Jurisdiction
for an order of vacant possession to be given to the landlord
and the expenses of their proceedings will be recoverable from
the landlord.
The definitions appropriate to the overcrowding Sections
are as follows:—
Dwelling House.—A dwelling house is defined as any
premises used as a separate dwelling by persons of the working
classes, or of a type suitable for such use. It therefore
includes any part of a building which is used or is capable
of use as a separate dwelling by persons of the working
classes. The part of a house occupied by a sub-tenant is
therefore a separate dwelling house for the purpose of the
overcrowding provisions.
Landlord.—A landlord is defined as the immediate landlord
of the occupier, or in the case of a service tenancy the
employer of the occupier. Thus the tenant of a whole house
is the landlord in relation to the sub-tenant of part of his
house.
Agent.—An agent is defined as the person who collects
the rents of a landlord, or in the case of a service tenancy
the person who pays remuneration to the occupier on behalf
of the employer.
Room.—A room is defined as not including any room
of a type not normally used in the locality either as a living
room or as a bedroom.
Suitable Alternative Accommodation.—Suitable alternative
accommodation means, in relation to the occupier of a
dwelling house, a dwelling house to which the following conditions
are satisfied, that is to say:—
(a) The house must be a house in which the occupier
and his family can live without causing it to be
overcrowded.
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