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Overcrowding is the forgotten part of the disrepair crisis
As a paralegal working in a housing disrepair department, I see many examples of families living in overcrowded conditions, but we don’t have the power to fight it, writes Jacob Poole, housing operations co-ordinator at Pabla + Pabla Solicitors
As a paralegal working in a housing disrepair department, I see many examples of families living in overcrowded conditions, but we don’t have the power to fight it, writes Jacob Poole #UKhousingAs Awaab’s Law is rolled out over the next three years, by 2027, all Housing Health and Safety Rating System (HHSRS) (2004) hazards will be part of the new legislation – except overcrowding. Despite this, overcrowding is a huge issue in the UK.
The National Housing Federation (NHF) says that approximately one in six children in England live in overcrowded homes. Further, more than 310,000 children are forced to share a bed with family members.
A report by The Independent found that 400,000 households in England didn’t have a living room, affecting more than 1.5 million people. Further, The Health Foundation says that living in overcrowded conditions is associated with worse mental and physical health.
To paint the unprecedented housing crisis in the UK, overcrowding has become one of the darkest brush strokes.
Although it might seem dystopian, living in overcrowded conditions is actually a criminal offence.
The Housing Act 2004 states that persons in a dwelling cannot exceed the room and space standard.
However, there is some small print that permits overcrowded conditions: it is not an overcrowding offence if the household member is living there ‘temporarily’.
But ‘temporarily’ is not clearly defined by legislation.
Given that councils are already struggling to find suitable accommodation for those in need, there must be a significant amount of people living ‘temporarily’ in overcrowded homes.
“For those who are threatened with eviction, the law states that people in these overcrowded homes have a statutory right to rehousing, either by applying for social housing or as homeless. But it’s almost impossible to enforce”
To try to source statistics on this, I asked the Ministry of Justice how many households were evicted because the landlord sought possession on the grounds of overcrowding. Unfortunately, they could not provide any data as the case records were confidential.
If the NHF reports that one in six children are living in overcrowded conditions, how many more remain unreported?
For those who are threatened with eviction, the law states that people in these overcrowded homes have a statutory right to rehousing, either by applying for social housing or as homeless.
But it’s almost impossible to enforce. Is a local authority going to seek possession for a property of theirs because it’s occupied by a big family who can’t move? Only for them to be rehoused in temporary accommodation? It just doesn’t happen.
As a paralegal working in a housing disrepair department, I see many examples of families living in overcrowded conditions. There are children who sleep in the same bed as their parents, beds put in kitchens, and living rooms that have become bedrooms. In my work, I have seen just how prevalent overcrowding has become in the UK.
Recent legislation has been introduced in the form of the Homes (Fitness for Human Habitation) Act 2018. It means that we can technically claim against landlords who have willingly allowed overcrowding.
However, my department, and I’m sure many others, are not bringing claims on the basis of overcrowding. We would be able to bring a claim for disrepair but would struggle solely because of an overcrowding issue.
Even considering the negative connotations of overcrowding, and the lack of options for those experiencing it, it’s still against the law to live in overcrowded conditions. While we would like to support people to move on from overcrowded homes, the lack of options for them proves a huge, seemingly impenetrable stumbling block.
“While we would like to support people to move on from overcrowded homes, the lack of options for them proves a huge, seemingly impenetrable stumbling block”
So, what needs to happen?
There is no doubt in my mind that the overcrowding problem in this country has been willingly perpetuated by years of poorly designed policy. Margaret Thatcher’s infamous Right to Buy policy has hugely restricted the accessibility of social housing, and the importance of this cannot be understated.
Because of the lack of supply, there are more than 1.3 million households on waiting lists for social housing. The NHF has reported that some London boroughs have waiting lists of over 100 years for three-bed family homes. In fact, waiting lists have increased by 37% since 2015.
Research conducted by the House of Commons in 2023 shows that overcrowding is most common among social renters.
There is a glimmer of hope, in that the Labour government has committed to 60% of its £39bn investment in social rent in a 10-year plan. Although this is welcome, the 30,000 social homes it is projected to build are only a third of the 90,000 quoted by charities, including Shelter and Crisis, that would be needed to fix the housing crisis.
The tough reality is that without increasingly ambitious commitments to providing future generations with stable and secure social housing, the man-made overcrowding epidemic will wear on and on.
Jacob Poole, housing operations co-ordinator, Pabla + Pabla Solicitors
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