Overcrowding Rules for Social Housing in England

If you are living in social housing in England and are worried that your home is too crowded, it’s important to know your rights and the official standards used to define overcrowding. Overcrowding can impact your health and wellbeing, so understanding when your home meets the legal definition is the first step to seeking help or requesting a move to more suitable accommodation.

What Does Overcrowding Mean in English Social Housing?

Overcrowding in social housing is measured by legal standards set out in the Housing Act 1985. According to the law, a property is overcrowded if the number of people living in your home exceeds the space or room standard. These rules help local councils decide if you are entitled to priority for a transfer or alternative housing.

The Room Standard

The room standard considers how many bedrooms or living rooms are available for sleeping compared to the number and ages of people living there:

• A home is overcrowded if two people of the opposite sex who are not living together as a couple have to sleep in the same room. Children under 10 are not counted for this rule.
• Rooms counted are those that can be used as bedrooms (not kitchens, bathrooms, hallways, etc.).

The Space Standard

This standard counts the total number of people living in the home and the available floor space:

• A property is overcrowded if there are more people living in the home than allowed, based on the floor area or total number of rooms available for sleeping.
• Rooms smaller than 50 square feet (4.6 square metres) do not count.
• For example, if there are two rooms available for sleeping, a maximum of three people should share. Exact limits depend on the ages and sex of the residents.

Who Counts as ‘Occupiers?’

• Everyone living in the home (adults and children) counts for these rules.
• Children under 1 year old are not counted. Children aged 1 to 10 count as half a person each.

Both standards are used; if either is breached, a property is officially overcrowded under the law.

Why Is It Important to Know If Your Home Is Overcrowded?

If your home meets the legal definition of overcrowding, you may be given a higher priority on the housing waiting list or be able to request a transfer.

Overcrowding can also affect your ability to access support from your local council or trigger intervention if the conditions are harmful to you or your family.

How to Check and Prove Overcrowding

If you think your home is overcrowded, you can:

• Measure all bedrooms and living rooms to determine usable space.
• Count everyone living in the property, including their ages and relationships.

Your local council can carry out an assessment and officially determine if your home meets the statutory overcrowding standards.

Official Forms for Reporting Overcrowding

• Housing Application or Transfer Request (Local Council’s Application Form): If you are already a social housing tenant, most councils have their own online or paper housing transfer forms. For example, the council housing transfer application can be used to request a move on overcrowding grounds. Complete this form if your living situation meets overcrowding rules and you need a larger property. Your council’s website will have the required documents and instructions.
• Homelessness Application (Form HPA1): If overcrowding makes your property unaffordable or unfit, you can apply as homeless. Use your local council’s homelessness application process. Councils use forms such as ‘Form HPA1’ to record homelessness assessments. If successful, the council must assess your needs and may provide temporary housing.

Check your local council’s website for downloadable forms and online application options.

Which Tribunal Handles Disputes?

If you have a dispute about your overcrowding status that cannot be resolved with your local authority, you may be able to appeal to the First-tier Tribunal (Property Chamber) in England. This tribunal handles housing disputes, including decisions about statutory overcrowding assessments and tenancy matters.

Tip: Keep a copy of all correspondence and official forms when applying for a transfer or making a homelessness application, as this will help your case if you need to appeal.

Steps to Take if You Are Living in an Overcrowded Home

If you believe your home is overcrowded, follow these action steps:

• Contact your local council’s housing department and explain your situation.
• Request an assessment for overcrowding using their official form.
• If applicable, apply for a transfer to a larger property.
• If you are struggling or conditions are very bad, consider applying as homeless for priority support.

FAQ: Overcrowding in Social Housing in England

1. How do I know if my home is overcrowded?
   Your home may be overcrowded if too many people share too few rooms or there is not enough space for everyone, based on legal standards. Check the room and space standards or ask your council for an official assessment.
2. Can I get moved if my home is overcrowded?
   If your home is legally overcrowded, you can apply for a transfer to a larger home. Your application will be prioritised depending on your council’s policy and the level of overcrowding.
3. Does temporary overcrowding count?
   Short-term overcrowding (such as visitors staying for a few weeks) is not usually considered. The standards apply to people living in the property as their main home.
4. What happens if my landlord will not help?
   If your request for help is refused, ask for a formal decision in writing. You can appeal to your council or, if needed, the First-tier Tribunal (Property Chamber).
5. Will my benefits change if I am overcrowded?
   Overcrowding itself does not directly affect your benefits, but it may influence your housing situation or priority for social housing. Housing Benefit and Universal Credit continue as normal while you seek a bigger home.

Key Takeaways

• The Housing Act 1985 defines overcrowding in social housing in England.
• Your local council uses the room and space standards to assess if a home is overcrowded.
• If overcrowded, you may be eligible for a priority move or to make a homelessness application.

Understanding these rules is an important step to getting the help you need if your social home does not meet your or your family’s needs.

Need Help? Resources for Renters

• Apply for social housing – official government information.
• Department for Levelling Up, Housing and Communities
• Shelter England advice on overcrowding
• Find your local council and contact their housing department
• First-tier Tribunal (Property Chamber) – for unresolved disputes

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1. Housing Act 1985 (legislation.gov.uk)
2. Apply for homelessness help from your council
3. First-tier Tribunal (Property Chamber)

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