A property is statutory overcrowded under part 10 of the Housing Act 1985 when either the Room Standard or the Space Standard is contravened.

Room Standard

The room standard is contravened when the number of people sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as man and wife are forced to sleep in the same room.

Children under the age of ten shall be left out of the account.

A room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom, living room or other habitable room.

Space Standard

The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the Permitted Number.

Permitted Number

The permitted number is the smaller of the number of persons obtained from the following 2 calculation methods:

Where a house consists of:

• 1 room  * – 2 persons
• 2 rooms *– 3 persons
• 3 rooms *– 5 persons
• 4 rooms *– 7 ½ persons
• 5 rooms * or more –2 for each room

Or

Where the total for all rooms * is determined by reference to the following:

• 110 sq.ft. or more – 2 persons
• 90 or more but less than 110 sq. ft. – 1 ½ persons
• 70 or more but less than 90 sq. ft.   – 1 person
• 50 or more but less than 70 sq. ft    – ½ person

No account shall be taken of a child under the age of one. 

A child of one to ten counts as a ½ unit.

Rooms to be counted *:

1.      A room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom, living room or other habitable room.

2.      Rooms under 50 sq ft are not counted.

3.      Regulations regarding the measurements have been revoked, it would seem however sensible to use them as a guide: Exclude any floor space where the vertical height is less than 5ft. because of a sloping roof or ceiling. Include floor space in a bay window extension, covered by fitted cupboards or overhung by projecting chimney breasts. All measurements to be taken at floor level and to be taken to the back of all projecting skirtings. 

NOTE : Overcrowding in HMOs is not covered by this statutory test, it is subjective and depends on the LA’s judgement of what is an excessive number. However the test below would be a good guide to potential problems.

Result of Overcrowding

The occupier of a property that is overcrowded is guilty of an offence unless the overcrowding is a result of one or more of the following:

1.      Children reaching 10 years of age *

2.      Visiting relatives

3.      A licence has been applied for and granted by the Local Authority.

* This is providing that the occupier has applied to the Local Authority for alternative accommodation (and has not refused any offered). Also that others in the house were there before the child reached 10 and remain there after and any person that is not a member of the occupier’s family that can reasonably be required to move out is so required.

Licence

The Occupier may apply for a licence to permit the overcrowding.

The Local Authority if granting  the licence must:

1.      Specify number of persons in excess of permitted numbers that will be allowed.

2.      Specify any conditions that apply.

3.      Specify the date on which the licence will expire (maximum 12 months).

4.      Use the prescribed form.

The Local Authority can revoke the licence at any time by writing to the occupier saying when the licence will cease (at least one month from date of service)

Copies of any licence and revocation must be served within 7 days on the property owner.

The Landlord of a property that is overcrowded is guilty of an offence if:

1.      He had reasonable cause to believe it would be overcrowded.

2.      He failed to obtain details of prospective tenants and their families.

3.      He receives a notice from the Local Authority re overcrowding and fails to take reasonable steps to correct the situation.

When a landlord is aware the property is overcrowded he commits an offence by not informing the Local Authority unless they already know or a licence is in force.

Properties found to fail the overcrowding standard should be referred to the Housing Standards Team on 01225 396269. Where we can provide further advice and if necessary take action.

Service of Notice

There are powers, which allow the Local Authority to:

1.      Require information from an occupier regarding those living on the premises

2.      Inspect the rent book

3.      Enter the property with 24 hours notice

There is a duty on the Local Authority (section 334) to prepare a report for the Secretary of State regarding number of new dwellings needed to correct the overcrowding.

Option 1

The Local Authority may serve notice on an occupier to abate the overcrowding within 14 days. (This can only be done if the occupier is guilty of an offence i.e. exceptions above do not apply.) If at any time in the 3 Months after the expiry of the 14 days the overcrowding still exists with the same occupier the Local Authority may apply to the County Court who can order vacant possession be given to the owner. Costs can be recovered from the owner.

Option 2

The local Authority may serve notice on the owner to abate the overcrowding. If the owner does not take steps to correct the overcrowding including if necessary legal proceedings for possession he can be fined up to level 2 on the standard scale.

Section 339 says that the Local Authority shall enforce the provisions of this part.

16/6/03