An HMO is deemed overcrowded if a person aged 13 or over shares a room with:
Overcrowding also occurs when too many people occupy a bedroom or living room. The following space standards apply:
A child under 12 counts as half a person.
A baby under one year old is not counted.
Less than 6.5m²
Unsuitable
6.5m² to 11m²
One person
11m² to 15m²
Two people
15m² to 19.5m²
Three people.
19.5m² and above
Four people, +one per extra 4.5m²
Measurement Considerations: Councils employ specific measurement methods, accounting for factors like sloped ceilings and chimney breasts.
Allowing an HMO to become overcrowded is a legal offence.
Councils possess the authority to issue an overcrowding notice if an HMO is determined to be currently overcrowded or if it is anticipated to become so.
A clear example of this is when an HMO is at its maximum occupancy and a tenant has an 11-month-old baby; upon the baby’s first birthday, the property will legally become overcrowded. Landlords who receive such a notice have the right to appeal this decision at the county court.
As highlighted on the gov.uk website, landlords may inadvertently permit a breach of overcrowding regulations, especially in scenarios where they are unaware of a tenant’s pregnancy and the subsequent impact on room size requirements. Furthermore, the local housing authority is obligated to grant a reasonable period, up to 18 months, for the landlord to rectify the overcrowding before initiating prosecution for a breach of the license condition. The landlord must be formally notified that they are considered to be in breach, and this notification must specify the timeframe allotted for remedying the situation.
• Congratulate the tenant.
• Provide clear information about HMO licensing and legal requirements.
• Discuss the tenant’s intentions regarding their living arrangements.
• Document all discussions in writing.
• If the tenant is unwilling to relocate, eviction proceedings may be necessary.
• Remember, landlords must comply with legal obligations, even during sensitive times.
• Consider seeking advice from specialist services, such as Landlord Action, for guidance on eviction procedures.
• Be aware that councils are unlikely to intervene if a tenant vacates voluntarily and will often advise the tenant to remain until formally evicted.
Successful property management comes down to smart decisions. This means setting the right rents, keeping properties occupied, managing costs effectively, and ensuring your finances work for you.
If you’re looking to increase the performance of your rental portfolio, Home-Share can help you make every property work harder. Our hands-on approach and in-depth market knowledge mean you get practical solutions that deliver real returns.
