How Many People Can Live in One Property in Wales?

If you rent in Wales and share your home with others, you may be wondering: how many people are legally allowed to live in a single property? Understanding these rules helps keep your home safe, comfortable, and within the law. This article explains the rules on shared housing, Houses in Multiple Occupation (HMOs), and what to do if you're worried your home is overcrowded under Welsh law.

Understanding Overcrowding Rules in Wales

Welsh law sets clear standards to prevent overcrowding and ensure all residents have a safe living environment. A property is considered overcrowded if there are too many people living there for its size and facilities. These rules apply to all rented homes—but special rules exist for shared houses, HMOs, and lodgers.

What Is Overcrowding?

• Statutory Overcrowding Test: If there are more people than rooms or sleeping spaces allow.
• Room Standard: No more than two people should sleep in the same room (some exceptions apply).
• Space Standard: The floor area of sleeping rooms determines how many people can use each one.

Usually, children under 10 aren't counted as a full person for these rules. See official guidance on overcrowding in rented housing.

Special Rules for Shared Houses and HMOs

If you share with people you're not related to (or part of the same household), you may live in a House in Multiple Occupation (HMO). This has extra rules to keep tenants safe.

• An HMO in Wales is usually a property where three or more people in two or more households share facilities like kitchens or bathrooms.
• Any property housing five or more people is a large HMO and must be licensed by the local council.

Learn more about HMO rules from the Welsh Government.

How Many People Can Live in an HMO?

• The number is set by the HMO licence (for licensed HMOs).
• The council considers room sizes—minimum: 6.51m² for one adult, 10.22m² for two adults in a sleeping room.
• Too many people: The council can take enforcement action or restrict how many can live there.

Lodgers and Other Shared Living Arrangements

Having a lodger (someone renting a room in your home) follows the same overcrowding tests. However, it's important not to breach your tenancy agreement or overcrowding limits if you take in a lodger. Official guidance: renting a room in your home.

How to Check If Your Home Is Overcrowded

To work out if your home is overcrowded, count the number of people, rooms used for sleeping, and the size of those rooms. You can also contact your local council or Rent Smart Wales if you're unsure.

Key Legislation

• The Renting Homes (Wales) Act 2016 governs most tenancies.
• Housing Act 2004 covers HMOs and licensing.

What To Do If You Suspect Overcrowding

• Speak to your landlord: They may not know your property has become overcrowded (e.g., if people have moved in informally).
• Contact your local council: Their environmental health department investigates overcrowding and HMO breaches.
• Apply for assessment: Councils can formally assess and serve notice to reduce numbers if required.

Official Form: If you need to report housing conditions, you can use your local council's housing complaint process. Forms may vary by area; check their website or the Welsh local authority finder. For HMOs, councils often use an "HMO Licence Application" form, available via your council’s housing department.

Practical example: If you and five others live in a three-bedroom flat and share facilities in Cardiff, and you suspect it's been let as an HMO without a licence, you can complete the council's "HMO Licensing Notification" form online, or telephone their housing team. Once submitted, the council will contact you and investigate.

Which Tribunal Handles Tenancy Disputes in Wales?

In Wales, residential tenancy disputes are handled by the Residential Property Tribunal Wales. This independent tribunal deals with matters including HMOs, standards, and some landlord-tenant disagreements.

FAQ: Shared Living and Overcrowding in Wales

1. How many people can share a rented house in Wales? Usually, the number is based on the size of the home, the number of bedrooms, and whether it needs an HMO licence. For HMOs, the local council sets the maximum number of occupants based on space standards.
2. What happens if too many people live in one property? If your home becomes overcrowded, the local council can require people to move out, fine the landlord, or take legal action. Overcrowding can lead to health and safety risks.
3. Is my landlord responsible for overcrowding? Landlords must not let properties become overcrowded or operate unlicensed HMOs. They are legally required to follow local council rules and ensure safe occupancy.
4. Can I have a lodger without breaking overcrowding rules? Only if your home remains within space and room standards. Always check with your landlord and ensure your agreement allows it.
5. How do I complain if my house is overcrowded? Contact your local council’s housing or environmental health team, or contact Rent Smart Wales for further advice.

Conclusion: Key Takeaways

• Overcrowding in Welsh rental properties is regulated by strict room and space standards.
• HMOs require special licences and set maximum occupancies based on room sizes.
• If you are worried about overcrowding, the council or Rent Smart Wales can help you assess and resolve the issue.

Need Help? Resources for Renters

• Rent Smart Wales – Official Body for landlord and property registration in Wales.
• Welsh Government: HMO Guidance
• Residential Property Tribunal Wales – For appeals and certain tenancy disputes.
• Government Guidance for Private Renters
• Contact your local council for local advice on housing standards or lodging a complaint.

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1. The Renting Homes (Wales) Act 2016
2. Housing Act 2004
3. Welsh Government HMO Guidance
4. Official UK Government Overcrowding Information
5. Residential Property Tribunal Wales

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