Croydon HMO Overcrowding Rules and Amenity Standards

Occupancy Limits on Your Licence

Every HMO licence issued by Croydon Council specifies a maximum number of occupants and a maximum number of households. These limits are set based on the property's room sizes, amenity provision and layout as assessed during the application or inspection.

Exceeding the occupancy limit stated on your licence is a criminal offence under Section 72(2) of the Housing Act 2004. Croydon Council's enforcement policy sets the civil penalty starting point for permitting over-occupation at £20,000, with a statutory maximum of £40,000.

Kitchen Amenity Ratios

Croydon requires one complete set of cooking facilities for every five occupants in an HMO. A complete set means:

• Four-ring hob with oven and grill
• Sink with constant hot and cold water supply
• Adequate food storage cupboards
• Refrigerator with a freezer compartment
• At least four electrical sockets
• Mechanical extractor fan
• Fire blanket mounted adjacent to the cooker

The minimum kitchen size is 6 m² for up to five occupants. For six to ten occupants, you need either a larger kitchen accommodating two complete cooking sets or two separate kitchens.

If you have a six-bedroom HMO but the kitchen only has one cooker, one sink and space for one cooking set, the council will cap occupancy at five regardless of how many bedrooms exist. Room count does not override amenity capacity.

Bathroom and WC Ratios

The standard amenity ratio is one bathroom or shower room plus a separate WC with a wash hand basin for every five occupants. Bathrooms must be heated, ventilated (mechanical extraction preferred) and fitted with adequate hot water supply.

For smaller HMOs (three or four occupants under additional HMO licensing), a single bathroom with an integral WC is typically sufficient. For larger HMOs, the council expects:

En-suite facilities in individual bedrooms count toward the ratio but do not eliminate the need for communal washing facilities if other rooms lack en-suites.

How Overcrowding Is Assessed

The council determines overcrowding using two mechanisms:

Room size standards: National statutory minimums apply — 6.51 m² for a single room (one person aged 10+), 10.22 m² for a double room (two people), and 4.64 m² for a child's room (one person under 10). Any room below 4.64 m² cannot be used as sleeping accommodation at all. Floor area where the ceiling height is below 1.5 metres is excluded from the measurement.

HHSRS crowding and space assessment: Even if individual room sizes meet the minimums, the overall property can be assessed as overcrowded if the total living space (including kitchen, bathroom and communal areas) is insufficient for the number of occupants. Inspectors look at the balance between private sleeping space and shared facilities.

A licence condition prohibits the use of any room as sleeping accommodation if the room falls below the minimum prescribed size for the number of occupants. Permitting the room to be used in breach of that condition is an offence under Section 72(3) for the licence holder or other person bound by the condition. Section 72(2) separately concerns knowingly permitting occupation beyond the maximum number on the licence; finding someone in a sub-standard room does not by itself establish that separate offence.

What Happens If You Are Over-Occupied

If the council identifies overcrowding:

1. They may serve an Overcrowding Notice under Section 139 of the Housing Act 2004, specifying the maximum permitted occupation for each room
2. Failure to comply with an overcrowding notice carries a civil penalty starting at £20,000
3. The licence holder may also face a separate penalty for permitting over-occupation
4. The council can vary the licence conditions to impose stricter occupancy limits
5. Repeated overcrowding can affect the licence holder's fit-and-proper person status at renewal

Keeping Compliant

Practical steps to avoid overcrowding issues:

• Match tenancy agreements to licence limits — never let to more tenants than the licence permits
• Include a clause prohibiting sub-letting or additional occupants without the landlord's written consent
• Measure rooms accurately using the ceiling height exclusion rule — rooms with sloped ceilings in loft conversions often look bigger on paper than they are in usable floor area
• Maintain amenity ratios — adding a bedroom without upgrading the kitchen or bathroom does not increase lawful occupancy

For full room size tables and amenity standards, see our Croydon landlord licensing guide.

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