This Chapter applies to any HMO—
The local housing authority may serve an overcrowding notice on one or more relevant persons if, having regard to the rooms available, it considers that an excessive number of persons is being, or is likely to be, accommodated in the HMO concerned.
The authority must, at least 7 days before serving an overcrowding notice—
The authority must also give the persons informed under subsection (3) an opportunity of making representations about the proposal to serve an overcrowding notice.
An overcrowding notice becomes operative, if no appeal is brought under section 143, at the end of the period of 21 days from the date of service of the notice.
If no appeal is brought under section 143, an overcrowding notice is final and conclusive as to matters which could have been raised on such an appeal.
A person who contravenes an overcrowding notice commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In proceedings for an offence under subsection (7) it is a defence that the person had a reasonable excuse for contravening the notice.
In this section "relevant person" means a person who is, to the knowledge of the local housing authority—
See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).
If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.