Council Flat "Overcrowding" Rules

Cautious_Optimist

Friend of my GF is a tenant in a 2 bed council flat.
She is single and has a 5 year old daughter.
They have a bedroom each.
Tenant wants to invite her female friend to live with her.
They can fit two single beds into tenant's room and leave the daughter in the smaller room.

Is this legal?
Would it be "overcrowding"?
Does the tenant need permission from the council?

Would it affect benefits?
Tenant is on benefits, as is her friend.
Not sure which benefits.

Thanks

fairy_lights

I don't see how it could be classed as overcrowding, if it was a family of two parents and a child a two bedroom property would be considered big enough.
Also you say this women wants to invite her 'friend' to move in...are you sure they will be having single beds?
If they are classed as a couple then I believe it will affect what they are entitled to in benefits.

Cautious_Optimist

Yes, definitely only friends with single beds!
But, as you point out, these days officials may even question that!

I didn't think it would be "overcrowded" in the common sense, because it seems no different to a twin room in a B+B or hotel.
But my GF says the council have specific regulations about who comes to live in a council property.

GF seems to think that the only way a tenant can legally increase the number of people in a council property is by the woman having more children.

Bowes100

Every council has different rules, however they can not stop her moving anyone in, unless they cause problems theres very little they can do.

Two bed properties generally are for 3/4 people so not crowded as such but she wouldnt be able to apply for a larger house because she has intentionally made her self over crowd if they do class her as being over crowded in that area, which I strongly doubt.

Anyone in the house regardless of relationship status would effect benefit entitlement

Cautious_Optimist

Bowes100 wrote: »

she wouldnt be able to apply for a larger house because she has intentionally made her self over crowd

What about an exchange (as opposed to an "application") to a 3 bed house?
Would the council approve an exchange, that with only mother and child would be classed as "under occupation"?

(I think tenants parents have a 3 bed council house, so they may swap).

goggle

she'd have to ask the council if she was permitted to move somebody else in - I have no idea about that

why on earth wouldn't the parent & child share one room & the friend the other?
Not overcrowding, but if benefits need to be claimed there would be a huge battle to convince anybody that they aren't a couple sharing a bedroom - parent & child sharing would be no issue.

Cautious_Optimist

goggle wrote: »

she'd have to ask the council if she was permitted to move somebody else in - I have no idea about that

why on earth wouldn't the parent & child share one room & the friend the other?
Not overcrowding, but if benefits need to be claimed there would be a huge battle to convince anybody that they aren't a couple sharing a bedroom - parent & child sharing would be no issue.

I don't think the "lesbian" issue had even crossed their minds.
Is that really how public officials think these days?

Obviously the child goes to bed earlier, so they wouldn't want to wake her. Plus child has her belongings etc. in her room.

bris

Far from overcrowding, it doesn't even come close.

theartfullodger

The overcrowding rules are the same for council property, housing association, private landlord & owner-occupier property... and are these...
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/overcrowding

It is instructive to compare the legal requirement for a two-adult bedroom with the sizes offered both for sale & for rent... sometimes surprisingly much smaller..