In 2 bedroom flat - can 4 occupy?

Babygray2020 · 2020-12-28T17:50:34+00:00

Myself, partner & 8 months old are in a 2 bedroom flat.( we rent) We’d love a second baby, sounds silly but are we able to in our situation? We rent and I know on the agreement it says 3 people to occupy. But we’re not ready to move and we don’t want to. Any advice? Has anyone had similar experience ?

PanamaPattie · 28/12/2020 17:57

Why on earth would you bring another baby into this mix? Your lease says 3 people. There is your answer.

Crapbuttrue · 28/12/2020 18:07

@PanamaPattie stop being a fucking grinch.

Ask your landlord. I'm sure that would apply to adults only. Staying would give you time to decide where you want to be for schools etc.

Takingontheundead · 28/12/2020 18:07

@PanamaPattie

Why on earth would you bring another baby into this mix? Your lease says 3 people. There is your answer.

How bizarre.

OP you may well have to move, but I'd give your landlord a call. They may allow you to stay until you feel it's time to move on, which with two children I think you'll outgrow quicker than you might currently imagine, unless the flat us huge!

ivfbeenbusy · 28/12/2020 18:29

I would think it means adults and not children - your children would be close enough in age to be able to share

ivfbeenbusy · 28/12/2020 18:33

And also I think it's because if you have more than 3 adults it would suggest they weren't related and therefore classed as a HIMO
Which comes with its own set of rules for a landlord - doesn't apply when you are all part of one family

Also could be that you are in an area which has a problem which flats being over occupied (think low paid/migrant workers) and so the 3 ADULT cap prevents the flat being abused in this way and also doesn't piss the neighbours off by having multiple cars

milienhaus · 29/12/2020 15:02

I would also assume that meant 3 adults - speak to your landlord / managing agent.

OneRingToRuleThemAll · 29/12/2020 17:03

2 adults and 2 children in a 2 bed flat is fine. Loads of families live like that.

PotteringAlong · 29/12/2020 17:04

Ask your landlord. If it’s ok, crack on. If not, look for somewhere else.

AIMD · 29/12/2020 17:06

I would assume your landlord would be fine if you have been good tenants. I expect it’s to stop more than 2 adults house sharing.

Linny88 · 01/01/2021 13:42

If it was a council property children under 5 are only .5 of a person. I’m sure that’s fine. I know plenty of families who rent two beds for a family of 4

ForeverBubblegum · 01/01/2021 13:48

Obviously a lot depends on how big the space is, but lots of children share a room, especially when their young so I don't see a problem. Speaking to your landlord, but I can't see it been a problem. You might be feeling a bit cramped by the time the children are both running round, but as your not even pregnant yet, you have years before it's likely to be a problem.

murbblurb · 01/01/2021 16:36

despite the nonsense on here, OF COURSE it is not your landlord's business how many kids you have!

the limit is to stop you creating an HMO which means your landlord would be subject to fines. Related individuals don't count and children certainly don't.

whataboutbob · 01/01/2021 16:41

Speaking as a landlord- ask them, as others say it’s probably to stop the creation of an HMO. If you feel awkward discussing with your LL, ring Shelter for advice. Good luck!

thatonehasalittlecar · 01/01/2021 16:53

Oh my god. Don’t ask your landlord if you can have another kid. Live your life as you want to, pay your rent, enjoy your home. As others have said, the rules on occupation are to make sure the landlord is in compliance with the correct laws (and local licences if your area has them). Now non-related adults living together count as an HMO, which is subject to different regulation than family homes / 2 sharers. If you want advice, speak to Shelter, who can give you impartial, legally-sound advice.

EagleFlight · 01/01/2021 16:55

Speak to your landlord as it’s not worth being evicted over.

How big is the bedroom that the children will share? When would you plan on moving?

LIZS · 01/01/2021 16:58

You normally have to list the occupiers. 2 children are potentially more significant in terms of wear and tear and noise. There may also be occupancy limits in the lease which ll holds with freeholder. It might be fine, but better to be upfront.

FrankStory · 01/01/2021 17:11

The number of people relates to when you first sign your tenancy agreement. Two children of the same sex can share a bedroom until one of them is 10 years old. The number of people in a property is also dependent on the size of other rooms e.g. you might have a living room large enough for somebody to sleep in, or you might have a study. So there are several factors to consider.

If I were you, I'd wait until you're actually pregnant then mention it to your landlord. They might have another property you could move in to. As a landlord, I've done this for a growing family.

It's none of the landlord's business how many children you have, but on the other hand, the landlord can't allow overcrowding.

You haven't got a HMO. If you have more than 2 unrelated people in a property it will be a HMO e.g if you and your husband let a room to a friend in your rented house it would be a HMO and HMO rules would apply.

SleepingStandingUp · 01/01/2021 17:13

@PanamaPattie

Why on earth would you bring another baby into this mix? Your lease says 3 people. There is your answer.

Into what mix, a rented property?? The horror!!

Alwaysmoving2 · 02/01/2021 09:04

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daisypond · 02/01/2021 09:11

Two children of the same sex can share a bedroom until one of them is 10 years old

That isn’t right at all. There are no rules. Have you never seen any TV footage of families having to live in one room in a shared house? My three DC shared one room all their life until they grew up and moved out. Most people I know live in two-bed flats with two children or more. Many are in one-bed flats with two children. And I know one family that live in a studio flat.

user1471538283 · 02/01/2021 09:19

It used to be that children were .5 of a person and the youngest had to be under 10 if children of different sexes were sharing. But this is social housing rules. I think your lease is about adults not children. I'm sure your landlord would be fine because its going to get alot harder to find people to rent to unless it's really cheap

SleepingStandingUp · 02/01/2021 10:44

Even with social housing sharing, that's good practice not the law / rules. No one gets kicked out of social Housing because the kids reach 10 and are different sexes, and they certainly don't get an automated upgrade to a 3 bed

FrankStory · 02/01/2021 11:50

@daisypond

Two children of the same sex can share a bedroom until one of them is 10 years old

That isn’t right at all. There are no rules. Have you never seen any TV footage of families having to live in one room in a shared house? My three DC shared one room all their life until they grew up and moved out. Most people I know live in two-bed flats with two children or more. Many are in one-bed flats with two children. And I know one family that live in a studio flat.

Here's a quote from the Shelter website. ". Room standard The room standard looks at the number and sex of people who have to sleep in the same room.

Any room you can sleep in counts, not just bedrooms. Living rooms, dining rooms and studies count as rooms you can sleep in.

Your home is overcrowded by law if:

2 people of a different sex have to sleep in the same room

they are aged 10 or over

The rule doesn't apply to couples who share a room. Children under 10 aren't counted.

Example
A couple with two boys and a girl all aged under 10 living in a 1 bedroom flat with a living room would not count as overcrowded under the room standard."

SleepingStandingUp · 02/01/2021 11:56

It's INCREDIBLY hard to be over crowded on the room standard, that's why it's rarely used as a measure of overcrowding

daisypond · 02/01/2021 11:58

@FrankStory
But there is no law against it. That is just a definition of “overcrowded”. Many people who live in privately rented or privately owned property live in “overcrowded” conditions - and bearing in mind that a living room counts as a bedroom, many aren’t even technically overcrowded. A one-bed flat is really a two-bed. A two-bed flat is really a three-bed etc. I live in London, and this type of living is completely normal.