Guidance on overcrowding

A lack of living space and overcrowding can be difficult and stressful, increasing the risks of physical injury as well as the spread of infections and poor mental health with anxiety and depression.

Legislation details the minimum space which people need to live in. The Council can measure the size to calculate whether they are overcrowded, or might become so.  Depending on the circumstances, the Council can set a limit on the number of occupants, including reference to their age and gender, as people aged 11 or more and of the opposite sex who are not partners must have separate rooms and cannot be forced or required to share. The Council can, if unusual circumstances prevail, give temporary permission to allow some slight overcrowding. Otherwise, the Council can require a reduction in numbers of occupants, or that no further people reside in that property, and can prosecute for non compliance.

Sections 324 to 326 of the Housing Act 1985 provide more detail on this complex subject.

In HMO's, properties may be limited to their number and age/gender mix by virtue of the presence of amenities as well. This may be under license conditions or more general rules.

Under the Housing Health and Safety Rating System  properties or even rooms within a property may be unsafe to occupy by virtue of crowding and space. Some people who are expecting long term visitors from abroad may require Immigration approval confirming that their intended home is suitable in condition and size for the proposed visitors and existing residents.

If you believe a property may be overcrowded, please refer the matter to the Customer Services Team on 02476 376376 or email customer.services@nuneatonandbedworth.gov.uk for investigation.

We partner with North Warwickshire Borough Council to deliver a joint Private Sector Housing Service and undertake the service on their behalf.