Private rented property standards guidance
Overcrowding
The number of occupiers in any dwelling should be such that normal day to day activities can be carried out safely, without stress and in comfort. The numbers that can be accommodated in any given circumstance will predominantly depend upon the numbers, locations and spatial provision of any sanitary appliances, kitchens, and bedrooms, (see individual sections for further guidance).
Limits on the numbers of people permitted to sleep in any dwelling are set by legislation contained in the The Housing Act 1985 (opens new window). This relates to numbers, and sizes of rooms available for sleeping and will need be considered on an individual basis. The age and sex of individual occupiers will also be taken into account.
Only rooms designated as living rooms, bedrooms or bed/sitting rooms may be used for living or sleeping purposes.
Other rooms such as kitchens, bathrooms, or cellars, roof spaces shall be deemed unsuitable for use as sleeping / living accommodation.
Garages and other outbuildings should not be used for sleeping/living accommodation unless they have been converted in accordance with the relevant Building and Planning Regulations.
Overcrowding and space is also assessed by HHSRS and relates to the whole dwelling's use for normal activities and is not specifically related to numbers of people in occupation and room sizes.
Room sizes
The Housing Act 1985 (opens new window) (the act) states that a room shared by children aged 10 years or over and of opposite sex may be considered overcrowding.
The act also places requirements on minimum room size, for which we have provided the measurements in square metres for convenience and calculated from the original square footage to an appropriate degree. See Table 1.
The act also considers the availability of an alternative room that can be used as for sleeping when considering the permitted occupation of a private rented property. For this to be considered, the room must not contain any shared facilities or be the through route to such rooms or facilities. A stand-alone living room or dining room with a suitable door can be used as a sleeping room where it affords the required privacy.
| Overall area of the room (m2) | Maximum occupancy (number of persons) |
|---|---|
| under 4.65 | 0 |
| between 4.65 and 6.50 | 0.5 |
| between 6.50 and 8.36 | 1 |
| between 8.36 and 10.22 | 1.5 |
| greater than 10.22 | 2 |
| The usable space in a room with a sloping ceiling is calculated from the point at which the ceiling is 1.5m from the ground. | |
| Any persons below the age of one years are not considered to count towards occupancy. | |
| Any persons between the ages of one and 10 years old are considered to count as 0.5 for occupancy. | |
| Any persons over the age of 10 are considered to count as one for occupancy. | |
| A room may be let as a combination of these ages so long as they can reasonably be considered a close familial relation (such as parent and child or siblings) | |
| Where a room is suitable for two persons these must be considered a close familial relation (such as blood siblings or a cohabiting couple). | |
| No room may be used by more than two individuals if over the age of 10 or 3 to 4 individuals if between one and 10. | |
| No room shall be considered if it is below 4.65m2 in any circumstance. | |
Measuring a room
We have provided two example room measurements below.
IMAGE
The bedroom is measured as follows
Example 1 (full room with no sloping ceiling) - blue line
Width 5 metres by depth 5 metres
Ceiling height 2.3 metres
Total floor area 25m2
Example 2 (room with sloping ceiling) - red line
Where the room ceiling slopes identified by the dashed line the ceiling height reduces the useable floor area and is measured to the line where the ceiling height is 1.5 metres. This reduces the width of the room by one metre.
Width 4 metres by depth five metres
Total floor area is now 20m2