Overcrowding

Shelter campaigns for more family-sized homes, and for the legal definition of overcrowding to be brought into line with modern day standards. 

What counts as overcrowding?

If your accommodation is much too small for your household you may be considered to be living in overcrowded conditions under the law. Your home may be legally overcrowded if there are not enough rooms or space for the number of people who live there:

The number of people per room

If two people of the opposite sex have to sleep in the same room the accommodation will be overcrowded unless the two people are:

• a married or cohabiting couple, or
• at least one occupant is under ten years old.

The number of people of the same sex (unless they are a same-sex couple) who can sleep in one room is restricted by the size of the room (see below).

The amount of space in each room

Rooms that are counted include living rooms, bedrooms and large kitchens. For the space and floor area calculations:

• children under one year old are ignored
• children under ten years old and over one count as a half
• rooms under 50 square feet are ignored.

As a general rule:

• 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.

But the floor area of a room also determines how many people can sleep in it:

• floor area 110 sq feet (10.2 sq metres approx) = 2 people
• floor area 90 - 109 sq ft (8.4 - 10.2 sq m approx) = 1.5 people
• floor area 70 - 89 sq ft (6.5 - 8.4 sq m approx) = 1 person
• floor area 50 - 69 sq ft (4.6 - 6.5 sq m approx) = 0.5 people.

When is overcrowding allowed?

Overcrowding is only allowed if it is:

• due to natural growth (such as a child reaching one of the specified ages (see above)
• temporary (eg if someone comes to live in your home for a short time)
• licensed overcrowding, where the council has given permission.

If the overcrowding is not allowed the council can prosecute your landlord and your landlord may be able to evict you.

Where can I find other accommodation?

Private tenants

As a private tenant it is unlikely that you can make your home larger. You will probably have to consider other housing. This might mean:

• finding a larger private rented place
• applying for a council or housing association place through Durham Key Options 
• asking the council to help you because you are homeless.

If you are legally overcrowded it is more likely that the council may have to help you to find somewhere else to live. You may get priority on the waiting list for a council or housing association tenancy. How quickly you would get a place depends on the number of people on the waiting list and the amount of housing available.

If you are living in severely overcrowded conditions, the council might think it is unreasonable for you to live in your home. If this happens, you are legally classed as homeless and the council may have to rehouse you immediately.

Derwentside Homes, Council and housing association tenants

It may be possible to get a transfer to another property owned by Derwentside Homes, the council or housing association. You can do this through applying through Durham Key Options.

Alternatively, you may be able to swap homes by mutual exchange with another tenant, possibly in another part of the country. You must both have permission from your landlords and the exchange must be arranged properly. Otherwise, you could both lose your homes. The landlord can only withhold permission for certain reasons. If you are looking for a mutual exhange through Durham Key Options you can download the form from their website.

Homeswapper also operate a national service for those looking to swap homes.