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Section 358: Service of overcrowding notice.

Housing Act 1985 · 1985 c. 68View on legislation.gov.uk

Part XI: HOUSES IN MULTIPLE OCCUPATION

Where it appears to the local housing authority in the case of a house in multiple occupation—

that an excessive number of persons is being accommodated on the premises, having regard to the rooms available, or
that it is likely that an excessive number of persons will be accommodated on the premises, having regard to the rooms available.

they may serve an overcrowding notice on the occupier of the premises or on the person managing the premises, or on both.

At least seven days before serving an overcrowding notice, the local housing authority shall—

inform the occupier of the premises and any person appearing to them to be managing the premises, in writing, of their intention to do so, and
ensure that, so far as is reasonably possible, every person living in the premises is informed of that intention;

and they shall afford those persons an opportunity of making representations regarding their proposal to serve the notice.

If no appeal is brought under section 362, the overcrowding notice becomes operative at the end of the period of 21 days from the date of service, and is final and conclusive as to matters which could have been raised on such an appeal.

A person who contravenes an overcrowding notice commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.