Minimum room size for HMO?

Reply to the comment left by F1_Fan at 18/06/2023 – 10:54It’s illegal to let an HMO room of less than 6.51 sq m. What’s being questioned here is not that, but whether the local limit of 9sq m has any legal validity. It can be challenged and I would. I take Simon Fs point, but if there is sufficient communal space elsewhere in the property, the Council would find it hard to justify refusing the licence on those grounds alone.

Reply to the comment left by F1_Fan at 18/06/2023 – 10:54
F1_Fan, we are talking here about council enforcement of a local standard ABOVE the national minimum of 6.5m2. I’ve been an HMO landlord for 18years and the 6.5m2 minimum has always been applicable, but not well known and widely ignored. I have a really good room of 8.9m2 which would not pass in some parts of the country. The OPs question is can the council enforce a minimum above the national minimum now that the national minimum is on a stronger legal footing.

Reply to the comment left by Jessie Jones at 17/06/2023 – 16:10
I recall reading a tribunal finding ages ago on a very small room. Result was a suspended prohibition order. Current tenant could stay bit when she went that’s it.

Reply to the comment left by David Houghton at 18/06/2023 – 14:13
David, that’s what happened to me you are right. The existing tenant could stay there as long as they like because they don’t want blood on their hands but never replace them. That’s why I took them to tribunal and won so I got a license for a room that was designated to be a minimum of 10 m, but was actually 8.5

It would be interesting if the councils only enforced conditions or fire or electrical safety….things a person can’t obviously see or don’t think to check during a view …but all the things they can see during a viewing are left to the market. You want a 2m2 room for £150 per month?! Sure here is the room. Im half in the camp that if a tenant likes something or that’s what they choose to have it’s their choice. Noone is forcing anyone.

But back to the thread. The legal minimum standards for roomsize exist. No compulsory living room in the law. I just get annoyed of the inconsistency of councils, that their staff think they are legal professionals and setting whatever they like despite the laws existing… deeming the actual laws completely pointless!

Dear F1_Fan,
If you had read my reply, I did say later that the room in question is 8.4 sq.m. (The house was built in 1935, and I am afraid, it would be nigh impossible to enlarge that room). I have already warned the tenant that I may have to evict him if the inspectors deem the room size is illegal (could well be legal in an adjacent local authority). The rent has not increased in 3 years – I never increase rent for sitting tenants – and is way below the average for this part of Lambeth. He is a good tenant and will be sorry to leave.

Reply to the comment left by GLee at 18/06/2023 – 15:32
Does the occupant have use of a shared lounge? If so, you have a strong case. Otherwise, your best bet is to let on a joint tenancy if one of the other rooms meets the standard for two persons, ie keep the same number and it’s upto tenants how they arrange furniture.

Reply to the comment left by Ross Tulloch at 16/06/2023 – 10:20
Hi Ross,

I’m having a similar-ish issue with Southwark at the moment and wondered if i could get in contact with you as you have said in your message? It would be extremely helpful.

Many thanks
Rob

For anyone challenging local authority discretionary space standards for a room in a house with a good amount of communal shared space, the Supreme Court case of Nottingham City Council v Parr 2018 UKSC 51 is relevant.

Reply to the comment left by Rob Green at 04/11/2025 – 13:01
please do. [email protected]