Over Crowding
If a Landlord or Letting Agent knowingly allows too many persons to reside in a dwelling they may breach HMO, licensing, planning laws pertaining to number of occupants in a dwelling.
- Overcrowding Legislation contained with the Housing Act 1936.
- HMO and selective Licensing Chapter 34 Housing Act 2004.
- April 2010 Planning Laws change of class use.
This is why from the outset all Tenants or permitted occupiers should be named on the tenancy agreement.
A dwelling may be considered legally overcrowded if there are not enough rooms or space for the number of people who live there:
The classic problem for the Landlord
A Tenant has the lawful right to have a guest and an action of denying them could be construed as harassment. The Tenant by the action of having a guest could make the property overcrowded. In the first instance talk to the Tenants about the situation of the guest [may be a relative on Holiday]. If you feel that they have exceeded the definition of what is 'classed' as reasonable of being guest based from what they initially told you, then consider sending a letter re: Unauthorised Guest. If you this then do then you have at least covered your back.
Definition of overcrowding
If two people of the opposite sex have to sleep in the same room, the accommodation will be overcrowded unless the two people are:
The number of people of the same sex (unless they are a same-sex couple) who can sleep in one room is restricted by the size of the room (see below).
The amount of space in each room:
Rooms that are counted include living rooms, bedrooms and large kitchens. For the space and floor area calculations:
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