Room sizes and overcrowding

All rented properties must not be allowed to become overcrowded.

Redbridge has one of the highest average household sizes in England, with three residents per household (ONS 2021). Every ward in Redbridge has evidence of overcrowding over the national average in the private rented sector (8.6% ONS 2021).

This is one of the main reasons that a maximum occupancy level is part of Redbridge’s property licence (HMOs and Selective) conditions. These levels are based on the information provided to us at the time of application and consideration of the requirements of the Housing Act 1985, Housing Act 2004 and national guidance.

As a license holder and for all landlords, it is their responsibility to:

• Make enquiries with prospective tenants to establish how many are living in their household
• Ensure the property is of suitable size to accommodate the number of tenants
• Make clear to the tenant what the maximum permitted number is for the property
• Make clear to the tenant that they are not allowed to increase the occupation of the property without your permission
• Accurately, measure the rooms in the property and provide them in their property licence application
• Monitor the occupancy levels of their property and take action when the levels exceed the maximum

 

As a tenant or occupier of a rented property, it is their responsibility to:

• Ensure the property does not exceed the maximum occupancy stated in the property licence or tenancy/licence agreement whilst there in occupation (maximum occupancy includes children)
• Ensure they seek permission from their landlord if they want others to stay at the property, except for persons staying or visiting short term for holidays etc, unless it specifically says this in the tenancy/licence agreement

 

Room sizes

The following is a list of rooms sizes and the maximum level of occupancy they would be expected to be:

Room Size	Maximum Occupancy per Room
Greater than 10.22sq. metres (110sq.ft)	= 2 persons
Between 10.21sq. metres (110sq.ft) and 8.36sq. metres (90sq.ft)	= 1.5 persons
Between 8.35sq. metres (90sq.ft) and 6.5sq. metres (70sq.ft)	= 1 person
Between 6.49sq. metres (70sq.ft) and 4.64sq. metres (50sq.ft)	= 0.5 persons

(0.5 person equivalent of child under 10 yrs old.)

 

Principles for assessing room sizes

The maximum occupancy of a property will be assessed based on the following principles

It should not be necessary for 2 persons of the opposite sex to share a room for sleeping purposes, unless they are living as a couple, or under the age of 10 years.

Children will be taken into account for maximum occupancy levels.

For HMOs, there should be shared facilities (kitchen, bathroom, W.C) with a maximum level of five persons per one set of facilities. HMO occupancy levels may be limited where the number of facilities are below this level.

If we receive a property licence application that is calculated to be an “0” occupancy due to the rooms sized provided, the processing officer will contact the applicant to get them to confirm in writing within seven days that, the rooms sizes measured correctly and enquire if all rooms that could be used for sleeping have been declared. The licence will be processed with the results of this information provided.

If a property licence applicant believes that their property can safely accommodate more persons than stated on their draft licence, they should make a representation (details of how are contained in the draft licence) and they must provide detailed and written reasons for the higher level of occupancy. This will be considered by the Property Licensing Team before issuance of a final licence.

If the property contains more persons than the licence conditions allow, the licence holder will need either to change the layout to accommodate the occupants or take other action so they the property is not overcrowded, within 18 months. If before making a property licence application a landlord or agent believes the property is overcrowded, they should still make a property licence application.

For licenced properties, during the compliance visit the inspecting officer will look at rooms sizes and may make assessment against the Housing Act 2004 (HHSRS) requirements and take further action if there is serious overcrowding found.

 

How to measure room sizes

To measure the floor area of a room, follow these steps:

• Measure the length and width of the room using a tape measure or laser measurer
• Multiply the length by the width to calculate the total floor area. (length x width= area)
• Ensure all dimensions are in the same unit of measurement before multiplying. (i.e metres x metres, or feet x feet).
• Exclude any areas of the room where the ceiling height is less than 1.9 metres (6.2ft)