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Housing Act 1985, Section 359 is up to date with all changes known to be in force on or before 25 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![]()
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(1)An overcrowding notice shall state in relation to every room on the premises—
(a)what in th opinion of the local housing authority is the maximum number of persons by whom the room is suitable to be occupied as sleeping accommodation at any one time, or
(b)that the room is in their opinion unsuitable to be occupied as sleeping accommodation;
and the notice may specify special maxima applicable where some or all of the persons occupying the room are under such age as may be specified in the notice.
(2)An overcrowding notice shall contain either—
(a)the requirement set out in section 360 (not to permit excessive number of persons to sleep on premises), or
(b)the requirement set out in section 361 (not to admit new residents if number of persons is excessive;
and where the local housing authority have served on a person an overcrowding notice containing the latter requirement, they may at any time withdraw the notice and serve on him in its place an overcrowding notice containing the former requirement.
Textual Amendments
F1Ss. 345-400 (Pt. XI) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2) {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))
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