Council house overcrowding

Bgsphoto

Hey all,sorry if this is in the wrong place, I wasn't sure where to put it.

My partner currently lives in a 2 bed council house with her two children (3 and 5). Due to unforseen financial reasons, and because we want to, I'm planning on moving in with them. I have two children also (6 and 3). My children stay with me two to three nights a week. Obviously, for those nights we would have 4 children in one room, which is manageable, but not sustainable. Would any local authority factor in the fact that we would have four children for nearly half of the week and class it as being overcrowded? I have no knowledge of the system really and would appreciate any input.

Thanks in advance

theartfullodger

The overcrowding sizes are here..
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/overcrowding
- note living room is considered a valid room to sleep in, as are some large kitchens (that unlikely).

Measure them & see if you would be overcrowded.

Becoming overcrowded by something as - excuse me - surprising as ".. we want to.." could leave you open to criminal charges ,,.. see s327 of Housing Act 1985
http://www.legislation.gov.uk/ukpga/1985/68/part/X/crossheading/responsibility-of-occupier
- apart from the possible criminal record, the fine is up to £500 then up to £50 per day.

The genders of the children can matter: Not sure about the "2 or 3 days a week" visiting... but suspect/hope social services might take an interest if their presence suggested overcrowding.

I 'umbly suggest you and the tenant discuss this matter with her council.

eddddy

There's almost certainly a clause in your partner's tenancy agreement saying that she must not overcrowd the property - and letting the property become overcrowded would probably be grounds for eviction.

I don't think that only being overcrowded 2 or 3 nights a week would be any kind of defence.

(I guess some people might argue that if you don't tell the council, and nobody else complains to the council, they might never find out.)

Your partner should check her tenancy agreement.

Just as an example, Islington Council say:

You must not overcrowd the premises in contravention of sections 324-328 and 330-331 of the Act. You must advise the council of any additions to your household, for example, any children born since the start of the tenancy. If other persons join your household they are not automatically accepted as permanent household members or as part of your tenancy. For more information please contact your area housing office.

http://www.islington.gov.uk/publicrecords/library/Housing/Information/Leaflets/2013-2014/(2013-07-03)-Conditions-of-Tenancy-2013.pdf

Bgsphoto

Where the persons sleeping in an overcrowded dwelling include a member of the occupier’s family who does not live there but is sleeping there temporarily, the occupier is not guilty of an offence under section 327 (occupier causing or permitting overcrowding) unless the circumstances are such that he would be so guilty if that member of his family were not sleeping there.

I should imagine that would not make anyone liable for criminal charges.

Thanks for the help.

pmlindyloo

You can check your tenancy agreement if you like but this is not a case of your children sleeping there temporarily but more a case of visitors.

Get a couple of bunk beds in the second bedroom - the kids will love it!

And, by the way, no chance of exchanging/asking for more bedrooms. Children who visit are not resident and do not count towards the bedroom allocation.

t0rt0ise

What pmlindyloo said. Also if your partner's children are one boy and one girl, when they get to the age of 10 they would need their own room and you could apply for a three bed house. How long you'd have to wait for one depends on your area but that's the theory.

freeisgood

Also some councils in high council housing demand areas will happily classify a living room as a usable "bedroom".