Permitted numbers of occupants
Single household properties
A household is defined as a single person, married couple, civil partnership or cohabiting couple, or people living together because they are related (parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece, or cousin).
Bedroom size | Occupants |
---|---|
4.6 to 6.5 m2 | 1 child under 10 |
6.5 to 10.2 m2 | 1 person |
more than 10.2 m2 | 2 people |
A new resident must not be allowed to occupy the house or any part of the house if that occupation:
- exceeds the maximum permitted number of people for the house as detailed in the schedule of permitted numbers
- exceeds one household (or two individuals sharing)
A new resident means a person who was not an occupier of the house and/or the specific room at the date of the issue of the licence.
Please note:
- Maximum permitted persons stated is regardless of age unless specified.
- Maximum permitted number of households is one (or two individuals sharing).
- Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5m is not to be taken into account in determining the floor area of that room.
- If the property is found to be overcrowded prior to the licence being issued, the licence will be issued for the permitted numbers of occupants and an enforcement notice may be served.
- A bedroom must not be accessed via a kitchen or another room unless a suitable alternative means of escape in case of fire is provided.
- Ifa bedroom has cooking facilities, for example in a studio flat, it must be at least 10.2m2 for one person, and at least 13.5m2 for 2 people. It cannot be occupied by more than 2 people.
- A kitchen that is open to a bedroom cannot be used by other household members, and therefore it is unlikely that a room that is open to the kitchen can be used as a bedroom.
- A room with no opening windows or doors to the outside cannot be used as a bedroom.
- Space taken up by fitted units are counted in the floor area calculation, but chimney breasts, lobbies and ensuite bathrooms or shower rooms are not.
Houses in multiple occupation (HMOs)
Maximum permitted numbers of occupiers per letting:
Bedroom with no cooking facilities | Occupants |
---|---|
under 6.5m2 | 0 people |
6.5 to 10.2m2 | 1 person |
over 10.2m2 | 2 people |
Bedroom with cooking facilities | Occupants |
---|---|
under 10.2m2 | 0 people |
10.2 to 13.5m2 | 1 person |
over 13.5m2 | 2 people |
A new resident must not be permitted to occupy the house or any part of the house if that occupation:
- exceeds the maximum permitted number of people for the house as detailed in the schedule of permitted numbers.
- exceeds the maximum permitted number of households for the house as detailed in the schedule of permitted numbers.
- exceeds the maximum permitted number of people for any letting as detailed in the schedule of permitted numbers.
A new resident means a person who was not an occupier of the house and/or the specific room at the date of the issue of the licence.
Please note:
- Maximum permitted persons stated is regardless of age.
- Bedrooms can only be occupied by a maximum of two people.
- Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5m is not to be taken into account in determining the floor area of that room.
- In order for a bedroom below the size stated below to be accepted, a member of the private sector housing licensing team must determine that suitable communal space is available to tenants. Any room with a floor area of less than 6.5m2 is never permitted to be used as sleeping accommodation.
- Where there are children living in an HMO, the letting they occupy must consist of at least 2 rooms. Any child over the age of 8 years shall not have to share a bedroom with a parent or a child of the opposite sex. The letting must have its own kitchen and bathroom for exclusive use of that letting. The kitchen and bathroom must be directly accessible from the letting. The bathroom must have a bath rather than just a shower. Landlords are advised to seek advice from this department wherever there are children living in an HMO.
- If the property is found to be overcrowded prior to the licence being issued, the licence will be issued for the permitted numbers of occupants and an enforcement notice may be served.
- A bedroom must not be accessed via a shared kitchen. A bedroom must not be accessed via an exclusive kitchen unless a suitable alternative means of escape is provided.
- A room with no windows to the outside cannot be used as a bedroom.
- Space taken up by fitted units are counted in the floor area calculation, but chimney breasts, lobbies and ensuite bathrooms or shower rooms are not.
- Please refer the council's HMO standards for more details on space standards, including when occupants have a two-room letting.
- For further details on the number of kitchens and bathrooms, and the facilities within them, please refer the Council’s HMO standards for full details.
Minimum room sizes of communal rooms:
Please note 1 kitchen and 1 bathroom is required per 5 occupiers. For full information please refer to the HMO standards
- kitchen: 6m2
- kitchen-diner 8.5m2
- living room 8.5m2