Overcrowding Rules in Scotland’s Social Housing Explained

If you’re renting in social housing in Scotland and feel your home is cramped or unsuitable for your household, it’s important to know what counts as “overcrowding” under Scottish law. Knowing your rights can help you ensure your family’s health, privacy, and comfort.

What Does Overcrowding Mean in Scottish Social Housing?

In Scotland, overcrowding is defined in law using clear criteria. If the number of people living in your home exceeds what is allowed, your home may officially be considered overcrowded. The main law is section 135 of the Housing (Scotland) Act 1987¹.

Local councils use two main standards to check for overcrowding:

• The Room Standard: If two people of the opposite sex (who are not living together as partners or under 10 years old) have to sleep in the same room, your home may be overcrowded.
• The Space Standard: Takes into account the number, ages, and sexes of people in your home compared to the number and size of rooms. Babies under one year are not counted, and children aged 1–9 count as half a person.

For example, a four-person household (two adults and two children) may be classed as overcrowded if they only have access to one bedroom, especially if rooms are small. This matters for your health and for local authorities’ obligations to help you find better housing.

How is Overcrowding Assessed?

The local council will look at:

• How many people live in your home (including visitors staying long-term)
• The number and size of rooms available as bedrooms or living space
• The age and relationships of the people sharing rooms

Example Calculation (The Space Standard)

The maximum number allowed in a home depends on the number of rooms:

• 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

If exceeded, your property may be classed as overcrowded.

What Are Your Rights If Your Home Is Overcrowded?

If you believe your home is overcrowded according to the law, you can approach your local council for help. Councils have a duty to take overcrowding into account when assessing housing need and may prioritize your household for alternative social housing.

Your home should also meet the basic safety, space, and privacy standards outlined by law and by your landlord (such as a housing association or local authority).

How to Report Overcrowding and Get Help

You should contact your local council’s housing team and explain your situation. You may need to fill in application or change-of-circumstances forms.

What Forms Might You Need?

• Housing Application Form: Use this to apply for larger or alternative social housing. You can usually find it on your council’s official site (e.g., Find your local council).
• Change of Circumstances Form: If an existing tenant’s household has grown (e.g., new baby or someone else has moved in), notify your landlord using this form. It is typically available on your landlord or council’s website.

Example: If your family has outgrown your current property, fill in the change of circumstances form with your landlord or council to be assessed for a transfer.

If your request is refused or delayed, you can challenge the decision. Disputes can be appealed to the First-tier Tribunal for Scotland (Housing and Property Chamber), which deals with most housing disputes.

Council’s Duty and Homelessness

In some cases, severe overcrowding can be considered a form of homelessness in Scotland, making you eligible for emergency or priority housing. The law protecting your rights here is the Housing (Scotland) Act 1987¹.

Action Steps if You Are Living in Overcrowded Social Housing

• Contact your landlord or local council’s housing team as soon as possible.
• Keep notes and documentation about your household and living situation.
• Fill out required forms (such as housing application or change of circumstances forms).
• If necessary, use the council’s complaints process or appeal to the First-tier Tribunal for Scotland.

You are entitled to fair treatment and safe accommodation. Help is available from official bodies and advocacy services.

Overcrowding Rules in Scotland: Quick Summary

Overcrowding in social housing is taken seriously under Scottish law. If too many people live in your home for the number of available rooms — or if the arrangements force people who shouldn’t have to share, to do so — your home may be officially overcrowded. The council can help you find a more suitable home or support your application for a transfer.

FAQs About Overcrowding in Social Housing (Scotland)

1. How do I know if my home is legally overcrowded?
   Check if the number of household members exceeds the room or space standard in the Housing (Scotland) Act 1987. If you’re unsure, ask your local council’s housing team to assess your situation.
2. What should I do if my living conditions are overcrowded in social housing?
   Contact your landlord or local council. Fill in an application or change of circumstances form, and request a reassessment for a larger home.
3. Can I be moved to a new home if my property is overcrowded?
   Your council must consider your situation for priority on transfer lists if your home meets the overcrowding standard defined by law. Severe overcrowding can also lead to priority for homelessness assistance.
4. What forms could I need to report overcrowding?
   Common forms include the Housing Application Form (to request a move to a larger property) and the Change of Circumstances Form (to update your landlord or council about new household members). Forms are available from your local council’s website via mygov.scot.
5. Where can I appeal if my application for a transfer or help is refused?
   You can appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles social housing disputes.

Need Help? Resources for Renters

• Apply for council housing in Scotland
• Reporting repairs in social housing
• First-tier Tribunal for Scotland (Housing and Property Chamber) – for appeals and housing disputes
• Citizens Advice Scotland: Housing Advice
• Find your local council’s housing contact

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1. Housing (Scotland) Act 1987 – Overcrowding Provisions
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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