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The New Proposed Rules on Minimum Room Size and Why They Matter

The government recently proposed a number of measures to clamp down on rogue landlords as part of the buy to let housing reforms. One of these rules was specifications on minimum room size. The reason is that in some premium areas (with London being most notable), property owners were subdividing medium-sized rooms into two or three separate rooms and charging a high rent. Now, there may be proposed minimum sleeping-room size.

 

What is the Government Proposing on Minimum Room Size?

As this is still in the consultation phase, no standards have yet been set. However, 6.52m2 and 7m2 for one person or 10m2 for couples or dual occupancy may be the standard as a minimum room size for rooms containing a bed. Whichever figure is chosen, and it’s likely to be the lower with 6.52m2 cited several times in the government consultation paper, it will clamp down on those landlords subdividing rooms into facilities much too small for an adult to occupy. This will not apply to functional rooms not designed for sleeping such as bathrooms and kitchens.

 

Some Local Government Autonomy

While central government will introduce a minimum room size for adult occupants, there is likely to be some degree of local council autonomy. Some areas already have a mandatory or advisory minimum room size that is above the regularly quoted figure of 6.52m2. Local government will be permitted to set a higher minimum room size but not a smaller figure should they decide to continue with their present arrangements.

The reason that local councils may set different requirements is that central government has set a statutory size for quality of life. The optimal minimum size for quality of life may be considered on an individual basis as larger in some cases.

 

Why are these Changes Important?

There is presently no rule on how much a property owner may subdivide a room to create new rooms in a HMO. It was left to local government to offer guidance to landlords through government advice from the 2004 Housing Act. The market generally regulated itself and property owners acted on a common sense basis. However, the problem had become so bad now that the government was forced to act. In some cases, rooms in HMOs were barely wide enough to contain a bed, kitchenette and furniture. The new measures, when passed, expect:

  • To give councils new powers of enforcement over rogue landlords
  • The requirement for landlords to provide somewhere safe and secure. Rooms that are too small open up the tenant to a variety of dangers
  • Mandatory licensing for HMOs with five or more tenants
  • Extending licensing to flats above and below shops, introducing this for two-storey as well as three-story homes