Overcrowding

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

This page explains the legal definition of overcrowding. Sadly, the legal definition is very strict and there may be very little you can do about overcrowding if you don’t meet the criteria and can’t afford to move to a bigger home. Although you may think your home is too small for your family, you may not be able to get help if your home isn’t legally overcrowded.

What counts as overcrowding?

If your accommodation is much too small for your household you may be considered to be living in overcrowded conditions under the law. Your home may be legally overcrowded if there are not enough rooms or space for the number of people who live there:

The number of people per room

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
• 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:

• 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.

When is overcrowding allowed?

Overcrowding is only allowed if it is:

• due to natural growth (such as a child reaching one of the specified ages (see above)
• temporary (eg if someone comes to live in your home for a short time)
• licensed overcrowding, where the council has given permission.

If the overcrowding is not allowed the council can prosecute your landlord and your landlord may be able to evict you.

Where can I find other accommodation?

Private tenants

As a private tenant it is unlikely that you can make your home larger. You will probably have to consider other housing. This might mean:

• finding a larger private rented place
• applying for a council or housing association place
• asking the council to help you because you are homeless.

If you are legally overcrowded it is more likely that the council may have to help you to find somewhere else to live. You may get priority on the waiting list for a council or housing association tenancy. How quickly you would get a place depends on the number of people on the waiting list and the amount of housing available.

If you are living in severely overcrowded conditions, the council might think it is unreasonable for you to live in your home. If this happens, you are legally classed as homeless and the council may have to rehouse you immediately.

Council and housing association tenants

It may be possible to get a transfer to another property owned by the council or housing association. Most of them have a waiting list for tenants who want a transfer and can give you information about the rules. But bear in mind that you may have to wait a long time for somewhere suitable, especially if you need a large property. 

Alternatively, you may be able to swap homes by mutual exchange with another tenant, possibly in another part of the country. You must both have permission from your landlords and the exchange must be arranged properly. Otherwise, you could both lose your homes. The landlord can only withhold permission for certain reasons. Visit the Directgov website for more information.