If your home is too small for your family, the law may class it as overcrowded. Here is what counts as overcrowding, what it means for a council move, and where to get help.
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Direct answer
If too many people have to sleep in your home, the law may class it as overcrowded under the Housing Act 1985, Part 10. Being overcrowded can move you up the list for a bigger council or housing association home. Report it to your council and ask to be reassessed. For free advice, contact Shelter or Citizens Advice. If overcrowding has gone hand in hand with damp, mould, or disrepair the landlord will not fix, you may also have a claim, call us free on 0800 030 4669.
What counts as overcrowding
The law uses two tests. If your home fails either one, it is overcrowded:
- The room standard. This is broken when two people of the opposite sex, who are not a couple, have to sleep in the same room. Children under 10 and very young children are counted differently.
- The space standard. This is broken when there are more people than the rooms can fit, based on the number and floor size of the rooms used for sleeping.
A child under 1 is not counted, and a child aged 1 to 9 counts as a half. You can read the legal detail on legislation.gov.uk.
What overcrowding can mean for you
- A higher priority for rehousing. Most councils give extra priority on the housing register to overcrowded households. Ask your council to reassess your banding.
- A possible homelessness route. In some cases severe overcrowding can support a homelessness application.
What to do
- Tell your landlord and your council in writing. Say how many people live there and how many bedrooms you have.
- Ask for a housing needs assessment and to be put in the right band on the housing register.
- Get free advice from Shelter on 0808 800 4444 or Citizens Advice if the council does not act.
Where we come in
Support for Tenants helps with housing disrepair claims. We do not run the housing register or decide rehousing, that is your council. But overcrowding and disrepair often go together: a small, damp, badly ventilated home gets worse the more people live in it. If your landlord has left damp, mould, or repairs unfixed, you may have a claim. Call us free on 0800 030 4669, send the short form, or message us on WhatsApp.
Sources
- Housing Act 1985, Part 10, overcrowding (legislation.gov.uk)
- Shelter England (housing advice helpline)
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 23 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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