Overcrowding?

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    Overcrowding?

    Can someone help me with this please.... does this sound like overcrowding to you.....

    4 bedroom house, 2 double bedrooms and 2 single bedrooms
    2 adults (2 sisters) permanently, 1 boyfriend of one of the sisters who stays over at weekends, 5 kids which consist of 1 girl 13 years old, 1 boy 11 years old, 1 girl 9 or 10 years old, 1 girl 8 or 9 years old and another girl who is about 3 years old.

    The house belongs to their mother and step father but they don't live in the house with the two sisters and 5 kids.

    #2
    Originally posted by Dirty Stop Out View Post
    Can someone help me with this please.... does this sound like overcrowding to you.....

    4 bedroom house, 2 double bedrooms and 2 single bedrooms
    2 adults (2 sisters) permanently, 1 boyfriend of one of the sisters who stays over at weekends, 5 kids which consist of 1 girl 13 years old, 1 boy 11 years old, 1 girl 9 or 10 years old, 1 girl 8 or 9 years old and another girl who is about 3 years old.

    The house belongs to their mother and step father but they don't live in the house with the two sisters and 5 kids.
    See Chapter 3 in Part 4 of Housing Act 2004 (s.139-144) and s.216 under which Secretary of State (or Welsh Assembly, if in Wales) can make Order re what counts as overcrowding. Section 141(2) provides, for some purposes, that children aged < 10 are disregarded.
    So could be argued that each double room accommodates one sister (+cohabitant); single rooms accommodate girl 13 and boy 11; younger ones share with oldest same-sex sibling.
    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.
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      #3
      Being occupied by members of the same family this would not appear to come under the standards for Houses in Multiple Occupation.

      As far as I can ascertain overcrowding standards remain defined in the Housing Act 1985 which contains the only legal standard for overcrowding. The Housing Act standard has changed very little since the early 1900s and many people who consider that they are not legally overcrowded even though their living conditions are very cramped.

      The Standard

      Look at each of the three sections below. The lowest number is the maximum number of occupants allowed in the house. Depending on the circumstances the owner or the tenant of the house may be breaching the Act. It is also possible for no-one to be at fault.

      A room includes a bedroom, living room, dining room, study etc. Do not include the kitchen, bathroom or hallway. If you have a kitchen/diner do not include the kitchen area of the room.

      Room Standard (in all cases babies under 1 = 0 persons, children 1-10 years = ½ person, over 10 years = 1 person)
      1 room - 2 persons
      2 rooms - 3 persons
      3 rooms - 5 persons
      4 rooms - 7½persons


      Sexual overcrowding. No two persons, over 10 years old, of opposite sex should have to sleep in the same room (unless living as a couple). This does not allow for couples to have a room to themselves - the standard would not be breached if the mother slept in the same room as the daughter and the father with the son.


      Space Standard (people are defined as in 1. above)
      10.2m2 or more = 2 persons
      8.36m2 - 10.2m2 = 1 persons
      6.5m2 - 8.36m2 = 1 person
      4.66m2 - 6.5m2 = ½ person


      So it's not just a question of how many bedrooms!!!! If I recall correctly a child under 10 years of age counts as half a person.

      Please do not regard this post as absolutely authorative as I have not been active in this particular field for a number of years. At the moment I cannot find the Order, if any, defining standards under more recent Housing Act legislation. I stand however to be corrected
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        Why are you interested in knowing this?

        Comment


          #5
          I am interested to know whether the rules of overcrowding are the same for everybody or whether a family who pay rent to their parents are allowed to cram themselves into one house.
          I had a look at the summary of part 10 of the housing act regarding how many people can share one property and obviously the sleeping arrangments of different sexes, but its not really that clear regarding family members.
          I'm sure these people are breaking the law, because as I read it, the eldest boy and girl, in my original post, would have to have a room of their own whether they are related or not.



          Thanks for your replies guys!

          Comment


            #6
            According to one site I visited; it's not just the bedrooms that count; you can use lounges and other rooms too. In this case , overcrowding is even less likely.
            All posts in good faith, but do not rely on them

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