Government rules out changes to overcrowding standards

The government has confirmed it has no plans to amend overcrowding rules under the Housing Act 1985.

In a written answer, Housing Minister Matthew Pennycook said ministers will not review the statutory overcrowding standards but intend to introduce new regulations for the Housing Health and Safety Rating System (HHSRS).

The news comes as the government have announced all private rented homes will need to meet the Decent Homes Standard by 2035.

No plans to amend overcrowding provisions

The HHSRS, introduced under the Housing Act 2004, remains the legal framework used to assess housing safety. Where a Category 1 hazard is identified, local authorities are required to take enforcement action.

In a written question, Labour MP Ben Coleman asked whether the government planned to review the statutory overcrowding provisions in the Housing Act 1985.

Responding, Mr Pennycook said: “The government has no current plans to review or amend the overcrowding provisions as set out in Part X of the Housing Act 1985.

“Crowding and space are assessed under the Housing Health and Safety Rating System (HHSRS) and enforced under Part 1 of the Housing Act 2004.

“The government has committed to bringing forward new regulations to bring the conclusions of the HHSRS review into force. The HHSRS is the cornerstone of housing standards, and the forthcoming regulations will make it more efficient and accessible for experts to use, and easier to understand for landlords and tenants.”

Statutory overcrowding rules are defined through the room standard and space standard, which determine the maximum number of occupants allowed in a property based on factors such as the number and size of rooms, and the age and sex of occupants.

Landlords can face fines of up to thousands of pounds for breaching overcrowding rules under the Housing Act 2004, with failure to comply with an overcrowding notice potentially resulting in a civil penalty of £20,000.