The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 (SI 2018/221) set minimum sleeping room floor areas as mandatory licence conditions for all HMOs subject to mandatory or additional licensing in England.
The minimum room sizes
- One person aged 10+: minimum 6.51 m� usable floor area
- Two persons aged 10+: minimum 10.22 m� usable floor area
- Child under 10 only: minimum 4.64 m� usable floor area
- Floor area below 1.5m ceiling height is excluded from the usable area calculation
What happens to sub-minimum rooms
Rooms below 6.51 m� cannot be used as sleeping accommodation by an adult under the licence. The local authority amends the licence to exclude or restrict the room. Continuing to use a sub-minimum room as sleeping accommodation is a criminal offence under the Housing Act 2004 � unlimited fine on conviction, or civil penalty up to �30,000.
HHSRS overcrowding enforcement
The Housing Health and Safety Rating System gives local authorities power to act on overcrowding as a High (H) health hazard regardless of licensing status. An Improvement Notice or Prohibition Order can ban sleeping use of an overcrowded room in any private rented property.
Practical compliance steps
Measure every sleeping room using a laser measure and record usable floor area. Draw a floor plan showing room dimensions for licence applications. Notify the local housing authority of any room below 6.51 m� and adjust tenancy arrangements accordingly. Do not partition rooms to create additional sleeping spaces without planning permission and Building Regulations approval.