Overcrowding
Resources
Introduction
The legislation around overcrowding is a little confusing as the Housing Act 2004 did not repeal the old standards in the Housing Act 1985. The new Act introduced the necessity for health and safety implications of overcrowding to be assessed under the HHSRS. It is also considered that overcrowding may trigger other hazards under HHSRS, relating to accidents, fire, hygiene and dampness.
The legislation around overcrowding is a little confusing as the Housing Act 2004 did not repeal the old standards in the Housing Act 1985. The new Act introduced the necessity for health and safety implications of overcrowding to be assessed under the HHSRS. It is also considered that overcrowding may trigger other hazards under HHSRS, relating to accidents, fire, hygiene and dampness. A range of enforcement options are available and inspectors will consider all the factors before deciding what, if any, action to take.
Part 10 of the Housing Act 1985 still provides the only statutory standard for overcrowding. It was set in the 1930s and is a very low standard for modern day living. A dwelling is deemed overcrowded according to this standard if it fails to meet either the ‘room standard’ or the ‘space standard’, detailed below.
The 2004 Act makes provision for secondary legislation to specify new standards and CLG has consulted on a new standard to replace it. This may be based on the number of actual bedrooms.
Until any new standard is in place, local authority inspectors have to look at the individual circumstances and will normally discuss the implications with you before deciding the best course of action.
The Housing Act 1985 ‘Room Standard’
A dwelling is considered overcrowded if two people of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
For this standard, children under 10 are not counted and living rooms as well as bedrooms are deemed to be available as sleeping accommodation.
A dwelling is considered overcrowded if two people of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
For this standard, children under 10 are not counted and living rooms as well as bedrooms are deemed to be available as sleeping accommodation.
The Housing Act 1985 ‘Space Standard’
This standard takes into account the number of rooms available for sleeping and their floor areas. A dwelling is deemed overcrowded if the number of people sleeping there is in excess of the number permitted in the tables below.
Again both bedrooms and living rooms are deemed to be available as sleeping accommodation, and this time, children under 1 are not counted, while those between 1 and 10 are counted as half a ‘unit’ (or ‘person’).
The permitted number is whichever is the lesser, looking at both tables below.
This standard takes into account the number of rooms available for sleeping and their floor areas. A dwelling is deemed overcrowded if the number of people sleeping there is in excess of the number permitted in the tables below.
Again both bedrooms and living rooms are deemed to be available as sleeping accommodation, and this time, children under 1 are not counted, while those between 1 and 10 are counted as half a ‘unit’ (or ‘person’).
The permitted number is whichever is the lesser, looking at both tables below.
Table 1 – Number of Rooms available for sleeping
Number of Rooms: 1 – Number of Persons: 2
Number of Rooms: 2 – Number of Persons: 3
Number of Rooms: 3 – Number of Persons: 5
Number of Rooms: 4 – Number of Persons: 7.5
Table 2 – Floor area of room available for sleeping
Floor area of room: 110 sq feet or more – Number of Persons: 2
Floor area of room: 90 to 110 sq feet – Number of Persons: 1.5
Floor area of room: 70 to 90 sq feet – Number of Persons: 1
Floor area of room: 50 to 70 sq feet – Number of Persons: 0.5
Floor area of room: Less than 50 sq feet – Number of Persons: 0
Housing Act 2004 HHSRS
Using the HHSRS, a risk assessment is carried out to determine the likelihood of a problem being caused through overcrowding, and the severity of the outcomes, should a problem occur. Matters that should be considered include:
Using the HHSRS, a risk assessment is carried out to determine the likelihood of a problem being caused through overcrowding, and the severity of the outcomes, should a problem occur. Matters that should be considered include:
a) Living area – lack of living area of an adequate size for the household or potential household.
b) Kitchen area – lack of a separate kitchen area of adequate size.
c) Personal washing area – lack of a separate, or an appropriately sited, or sized personal washing area.
d) Washing area door – no door to the personal washing area or lock on door or glazed door.
e) Sanitary accommodation – lack of separate, or an appropriately sited or sized, sanitary accommodation compartment.
f) Sanitary accommodation door – no door to the sanitary accommodation compartment.
g) Number of bedrooms – inadequate number of bedrooms for the household or potential household.
h) Bedroom size – inadequate size of bedrooms.
i) Bedroom location – inappropriately sited bedrooms.
j) Recreational space – lack of safely fenced or guarded recreational space, readily visible from within the dwelling.
As with all hazards under the HHSRS, the initial assessment should be of the dwelling, disregarding the current occupants. This should take into account the size and layout of rooms based on the occupancy level that typically might be expected to use the dwelling.
Unlike other hazards, a second stage is involved for overcrowding. This involves determining whether the dwelling is over-occupied by the current household, taking account of their ages and relationships. For example, whereas a two bedroomed house with one living room may be suitable for occupation by up to four people (irrespective of their ages), if it is occupied by a couple with their teenage son and daughter, it would be over-occupied, as the son and daughter require separate bedrooms.
This guidance is given with respect to the HHSRS, but it does not tie in exactly with the Room and Space standards from the Housing Act 1985. Until such time as an up to date standard replaces them, common sense should be applied to determine whether the property is overcrowded.
Licensable HMOs
For HMOs that are licenced, the maximum number of occupiers or households allowed to live there, can be stated on the licence.
This is set according to the local authorities own space standards. In setting these, they should be at least the statutory standards from the 85 Act, and consideration should be made for current living standards and take into account the type of housing in the area.
For HMOs that are licenced, the maximum number of occupiers or households allowed to live there, can be stated on the licence.
This is set according to the local authorities own space standards. In setting these, they should be at least the statutory standards from the 85 Act, and consideration should be made for current living standards and take into account the type of housing in the area.
The maximum numbers of people should be that at which the house is reasonable suitable for their occupation, looking at the space and amenities available. Occasionally higher numbers of people are allowed if the landlord carries out certain works to increase facilities, such as adding a further bathroom. This would normally be discussed with the landlord before the licence issued.
Non Licensable HMOs
The Housing Act 2004 does give local authorities the power to serve notices for overcrowding in non-licensable HMOs. Again, the local authorities own space standards will be used to determine this, although the Act does state that no people over the age of 10 should share a room if they are opposite sex and not living together as husband and wife.
The Housing Act 2004 does give local authorities the power to serve notices for overcrowding in non-licensable HMOs. Again, the local authorities own space standards will be used to determine this, although the Act does state that no people over the age of 10 should share a room if they are opposite sex and not living together as husband and wife.
A notice can also be served where the local authority believe a house is ‘likely to be’ overcrowded but would need firm evidence of this likelihood, such as a pregnant lady planning to continue living there after the birth of her child.
Depending on the circumstances, a notice can apply to either existing tenants or only to new residents. Unless the situation is severe, this second option is preferable as it does not require existing residents to leave.
Rehousing Obligation
Where families with children or vulnerable people are made homeless as a result of an overcrowding notice, the local authority may have a duty to ensure adequate housing is made available. This will not always be the case however and should be discussed with the officers involved as individual circumstances will dictate whether they have this duty.
In other cases the authority should at least provide advice on finding accommodation in the areas.
Where families with children or vulnerable people are made homeless as a result of an overcrowding notice, the local authority may have a duty to ensure adequate housing is made available. This will not always be the case however and should be discussed with the officers involved as individual circumstances will dictate whether they have this duty.
In other cases the authority should at least provide advice on finding accommodation in the areas.
