F1F1 PART XI HOUSES IN MULTIPLE OCCUPATION
Overcrowding
361 Requirement as to new residents.
1
The second requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly—
a
permitting a room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the notice, or
b
permitting a new resident to occupy any part of the premises as sleeping accommodation if that is not possible without persons of opposite sexes who are not living together as husband and wife sleeping in the same room;
and for this purpose “new resident” means a person who was not living in the premises immediately before the notice was served.
2
For the purposes of subsection (1)(b)—
a
children under the age of 12 shall be left out of account, and
b
it shall be assumed that the persons occupying any part of the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.
Ss. 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 XI) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535,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))