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.see related section PIMS Rent rooms vs House share

  • 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.
  • HMO MINIMUM ROOM SIZES ACCOMMODATION WITH FACILITIES SHARED BY OCCUPIERS. These standards apply where there is sharing of some or all FACILITIES

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:

  • a married or cohabiting couple, or
  • At least one occupant is under ten years old.

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:

  • Children under one year old are ignored.
  • Children under ten years old and over one count as a half.[rules change 1 Oct 2018)
  • Rooms under 50 square feet are ignored.

As a general rule:

  • 1 room = 2 people.
  • 2 rooms = 3 people.
  • 3 rooms = 5 people.
  • 4 rooms = 7.5 people.
  • 5 or more rooms = 2 people per room.

But the floor area of a room also determines how many people can sleep in it:  IMPORTANT rules change 1 Oct 2018

From 1st Oct 2018
  • to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres;
  • to ensure that the floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres;
  • to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres;
  • to ensure that any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation.
Before 1 OCT 2018
  • Floor area 110 sq feet (10.2 sq metres approx) = 2 people.
  • Floor area 90 - 109 sq ft (8.4 - 10.2 sq m approx) = 1.5 people.
  • Floor area 70 - 89 sq ft (6.5 - 8.4 sq m approx) = 1 person.
  • Floor area 50 - 69 sq ft (4.6 - 6.5 sq m approx) = 0.5 people.

Overcrowding is only allowed if it is:

  • Due to natural growth (such as a child reaching one of the specified ages-see above).
  • Temporary (e.g. if someone comes to live in your home for a short time).
  • Licensed overcrowding, where the council has given permission.