Overcrowding

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    Overcrowding

    Hi,

    I haven't posted here for a while, but i'm hoping someone can help me.

    I've been getting a lot of enquiries recently from couples with one small child wanting to rent a one bedroom flat. I've been reluctant to rent to them, or even show them the property as it seems to me that 3 into one doesn't go. I've maintained to these people that if they have a small child they must have a minimum of two bedrooms. I am hoping for some clarification if i am doing the right thing. I have searched the site but the links to the houseing act pages aren't working and i can't find any other references.

    Thanks in advance for replies.

    #2
    Hi Amanda, I would suggest you call your local Housing Officer and have a chat with them. Call me a cynci but these people may well want to take the place on a short term let in an attempt to get a council place. Once the 6 months are up you may find these people asking for a section 21 in order to get re-housed. As you say 3 into 1 does not go ..

    My sister and her partner are currently in a tiny one bed house with their 3 month old son and they are finding it very hard! They have been issued a section 21 as the Landlady wants to sell up but the council are trying to push them back into private renting! They have tried to get a private place but despite having a deposit and a guarantor they have had no luck!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      Not speaking legally or anything here, but this really doesnt strike me as bad? Forget the "two" as a couple, as they obviously would share a room....as long as the flat isn't tiny I personally see no problem whatsoever in having a baby there as well. It quite obviously wouldn't and shouldn't be a long term let, as once the baby is old enough it definitely should have its own room, but whilst still very young I don't see a problem.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        #4
        Obviously all local authorities have different rules, depending on their available stock. A few I worked with considered it fair to have a couple and one child in a one bed flat until the child was 4 years old, by when it should have its own room.

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          #5
          Is it unconcievable that a couple with a young child would put the child in the bedroom and have a sofa bed in the lounge for them to sleep on ?

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            #6
            Subsequent to this rather ancient thread, we now have Chapter 3 of Part 4 of the Housing Act 2004. This [s.139-144] deals with overcrowding, in the context of HMOs only.
            The local authority can serve a Notice if "an excessive number of persons is being, or is likely to be, accommodated". The Notice states, for each room, the maximum number of people for whom it is suitable sleeping space (or that the room is not suitable for sleeping), distinguishing between adults and children where appropriate.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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              #7
              Westminster permit two in a 100 sq foot room in an HMO, and one in a 70 square foot room (and none in a sub-70 sq ft room). I cannot recall whether that is statutorily defined.

              It also prohibits non-cohabiting different sex occupiers over the age of 12 from sharing a room.
              The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

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                #8
                There is a 3 bedroom upstairs flat just next door to our place of business. The guy who owns it has rented it out to a couple and their 6 kids. The kids are so rowdy I pity the people who move in downstairs to the 1 bedroom flats as they also have communial garden.

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