Overcrowding
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
The legal definition of overcrowding is very strict and hasn't been updated since 1935. Sadly,there may be little you can do about cramped conditions if they don't fall within this outdated legal definition, which is explained below.
Shelter campaigns for more family-sized homes, and for the legal definition of overcrowding to be brought into line with modern day standards.
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 married or a cohabiting couple, or
- one person is a child 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 between one and ten years old 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 a member of your family 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
If you are living in overcrowded conditions, your options include:
- finding a larger private rented place
- applying for a council or housing association place - 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.
- asking the council to help you because you are homeless - 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 Direct.gov website for more information.
