The house had rooms let for students in the basement and on the ground, first and second floors, with kitchens on the top three floors to serve the rooms. Five rooms had been let when the authority issued a notice under section 19(1) to restrict the number of households to three. The agent let a further three rooms, and the authority prosecuted him, saying that there weer no eight households in breach of the notice. The authority appealed dismissal of the summons.
Held: The authority’s appeal failed. The respondent was the occupier within 19(2). What amounts to a household is a question of fact in the circumstances, but one room could constitute a household.
May J
[1981] 3 All ER 439
Housing Act 1961 19(2) 19(10), Housing Act 1964 67(5)
England and Wales
Citing:
Applied – Simmons v Pizzey HL 1979
As to houses in multiple occupation, ‘both the expression ‘household’ and membership of it is a question of fact and degree, there being no certain indicia the presence or absence of any of which is by itself conclusive’. After reference to the the . .
Cited by:
Cited – Richards v The Legal Services Commission Admn 19-Jul-2006
The claimant challenged the inclusion in her gross income for calculation of her eligibility to legal aid of maintenance payments received for her children who were both at University. She said that since she had responsibility for their . .
Lists of cited by and citing cases may be incomplete.
Family, Housing
Updated: 10 December 2021; Ref: scu.243373
