There is no legal definition of a bedroom but the short answer is if a room has a floor area of less than 50 square feet overcrowding may be an issue.

We have all viewed properties where the 3^rd of 4^th ‘bedroom’ is not big enough to swing a cat so what are the space standards for bedrooms? Is there any legislation available to guide us on this?

The subject of overcrowding and room and space standards was last covered in statute in the Housing Act 1985.

S326 of the Housing Act 1985 covers the space standard:

1)The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.

(2)For this purpose—

(a)no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and

(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.

(3)The permitted number of persons in relation to a dwelling is whichever is the less of—

(a)the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and

(b)the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1

No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.

Table 1

Number of rooms – Number of persons

1                     2

2                     3

3                     5

4                     7 ½

5 or more      2 for each room

Table II

Floor area of room ~ Number of persons

110 sq. ft. or more ~ 2

90 sq. ft. or more but less than 110 sq. ft ~ 1 ½

70 sq. ft. or more but less than 90 sq. ft. ~ 1

50 sq. ft. or more but less than 70 sq. ft. ~ 1/2

http://www.legislation.gov.uk/ukpga/1985/68/part/X

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/home_safety/overcrowding

This question regularly crops up at the end of a tenancy.

The House of Lords defined fair wear and tear as “Reasonable use of the premises by the Tenant and the ordinary operation of natural forces“. The ‘natural forces’ being sunlight, rain, wind and ageing.

Whilst there is no one legal definition of damage it is widely interpreted as permanent or temporary impairment of value or usefulness

When considering whether something is damaged, ask yourself if the part of the property or item in question has been devalued or has had it’s usefulness impaired. If the answer is no, then there is no damage. (Hint: Would you expect to pay the same price for chipped tiles in the local hardware store as tiles that are not chipped?) Then ask yourself was the tenant making reasonable use of that part of the property? If the answer is no, then the tenant is liable for the damage.

Examples of “Fair Wear and Tear” include:

• cracked window panes due to old warped frames
• paintwork that has faded or discoloured over time
• plaster or brickwork cracks that appeared as the building settled
• cracked floor or wall tiles resulting from structural movement
• carpets worn from day-to-day use
• Micro-scratches on kitchen worktops marked or scratched by kitchen implements – but not dents or deep scratches
• Micro-scratches on laminate flooring or floor tiles marked or scratched by people walking on the floor – but not dents, chips or deep scratches
• White goods worn as a result of normal usage – rather than the tenant’s misuse
• Paint worn around light switches and door handles – but not dirt

The Guide to Best Practice for Inventory Providers published by the Association of Residential Letting Agents (ARLA) states that fair wear and tear is based on the following criteria:

1. the length of the tenancy
2. the number and ages of the tenants
3. the condition and age of the item or items at the start of the tenancy
4. the expected useful lifespan of the item or items and the expected appropriate use of such item or items
5. whether any work or repairs were carried out during the tenancy

Two points to remember when involved in fair wear and tear assessments:

1. The tenant is paying rent for fair wear and tear. Don’t penalise a tenant for walking on the carpets!

2. If damage needs to be put right, the landlord cannot demand betterment i.e. be in a better position than he/she was before the damage occurred. Demanding a ‘new for old’ replacement is not acceptable and if the tenant has scraped his bicycle along the wall then you cannot expect the whole wall to be redecorated.

The legal requirements for tenancy deposit protection is covered within the Housing Act 2004 as amended by Localism Act 2011.

The requirement to supply information is detailed further within the Housing (Tenancy Deposits)(Prescribed Information) Order 2007  (SI 2007, No.797).

Irrespective of what some letting agents may tell you they too have legal duties that are enshrined within the Housing Act.

Letting agents commonly offer Let Only/Tenant Find services and claim to have nothing to do with the deposit saying they simply pass it on to the landlord and it was nothing to do with them citing it is ‘not part of our service’. Sorry you cannot contract out of your legal duties.

Section 212(9)(a) of the Housing Act 2004 reads:
(9) In this Chapter—
(a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies, and with certain prescribed information within 30 days of receiving the deposit.

In Draycott v Hannells Lettings Ltd, PainSmith Solicitors had been acting for the Defendant lettings agency. One of the issues before the Court was the question of whether an agent could be held liable for a failure to protect a deposit or was it entirely a matter for the landlord.

The Court decided that the wording of section 212(9)(a) was clear in stating that in the section of the Act relating to deposit protection:

references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies…

Accordingly, the Court found against Hannells on this point. More details here

Has your letting agent been acting responsibly when accepting deposits on your behalf or have they tried to ‘pass the buck’?