Updated October 2026
In short: In most one-bedroom flats the legal maximum is two or three people. Under the statutory space standard, a flat with a bedroom and a separate living room counts as two rooms, which allows up to three people, but only if the rooms are big enough. Babies under one don't count, and children aged one to nine count as half a person. A studio is one room, which allows two people.
The two overcrowding tests
Part X of the Housing Act 1985 sets two tests. A home is overcrowded if it fails either one.
| Test | What it says |
|---|---|
| Room standard | Two people of opposite sexes aged 10 or over who aren't a couple shouldn't have to sleep in the same room. Living rooms count as rooms for sleeping. |
| Space standard | Limits people by the number of rooms (bedrooms and living rooms) and by each room's floor area. |
Space standard: room sizes
| Floor area of room | Number of people it counts for |
|---|---|
| 110 sq ft (10.2 m²) or more | 2 |
| 90–110 sq ft (8.4–10.2 m²) | 1.5 |
| 70–90 sq ft (6.5–8.4 m²) | 1 |
| 50–70 sq ft (4.6–6.5 m²) | 0.5 |
| Under 50 sq ft | 0 |
The permitted number is the lower of the room-count limit and the floor-area total. Kitchens and bathrooms don't count as rooms.
Worked examples
| Flat | Rooms counted | Likely legal maximum |
|---|---|---|
| Studio (one large room) | 1 | 2 people |
| 1 bed with separate living room, both over 110 sq ft | 2 | 3 people |
| 1 bed with an 80 sq ft bedroom and a 100 sq ft living room | 2 | 2.5, so 2 adults plus a child aged 1–9 |
| 1 bed, open-plan kitchen-living room | 2 (if the living area is a habitable room) | Up to 3, subject to sizes |
Shared flats and HMOs
If three or more people from two or more households share, the flat is an HMO, and it may need a licence. Licensed HMO bedrooms must be at least 6.51 m² for one adult and 10.22 m² for two adults. Many councils also run additional or selective licensing with their own occupancy limits.
Landlords: check before letting
- Measure each habitable room and calculate the permitted number
- Write the maximum occupancy into the tenancy
- Check local licensing rules and occupancy conditions
- Confirm whether a couple, family or sharers are moving in
- Note that you can't refuse a tenant just because they have children, but you can apply the legal occupancy limit
How Fraser Bond helps
- Occupancy and licensing checks before you let
- Matching flats to the right size of household
- Advice for growing families who need to move up a size
- Full management that keeps you compliant
Frequently asked questions
Can a couple and a baby live in a one-bed flat?
Usually yes. Babies under one don't count under the space standard.
Can my landlord evict me for overcrowding?
A landlord can rely on statutory overcrowding, but in most cases the better step is to find you a larger home. Get advice early.
Do the same rules apply in Scotland and Wales?
Similar principles apply, but the legislation differs. Check local rules.
Need a bigger home, or letting a one-bed?
Talk to us about the right property for your household.
Speak to our teamRelated guides
- How many people can legally live in a 3 bedroom house?
- Can a partner live with you without being on the tenancy?
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