The minimum sleeping room size

The minimum sleeping room floor area sizes to be imposed as conditions of the licences are:

• 6.51 m² for one person over 10 years of age.
• 10.22 m² for two persons over 10 years.
• 4.64 m² for one child under the age of 10 years.

Any room of less than 4.64 m² may not be used as sleeping accommodation and the landlord will need to notify the local housing authority of any room in the HMO with a floor area of less than 4.64 m².

The measurement is one of wall-to-wall floor area where the ceiling height is greater than 1.5 m. No part of a room should be included in the measurement where the ceiling height is less than 1.5 m.

The mandatory room size conditions are the statutory minimum and are not intended to be the optimal room size.

The minimum size for sleeping accommodation does not apply to charities providing night shelters or temporary accommodation for people suffering or recovering from drug or alcohol abuse or mental disorders.

Maximum number of people occupying an HMO

The licence will state the maximum number of people that can occupy the whole property and the maximum number of occupants per room.

It is an offence if the landlord or person in control of the property:

• fails to apply for a licence for a licensable HMO;
• allows a property to be occupied by more people than is permitted under the licence; or
• breaches any conditions attached to the licence.