Private residential tenancy model agreement: easy read notes

14. Overcrowding

The tenant must not allow the property to become overcrowded. If the tenant does allow this to happen, then the landlord can evict the tenant.

What counts as overcrowding for a property depends on the number and size of the rooms, as well as the age, gender (male or female) and relationships of the people that live there.

There is a room standard and a space standard when working out if there is overcrowding. The Scottish Government's Guidance to local authorities gives details of the standards at Annex A.

If too many people do live at a property, the local authority might do something to stop the overcrowding.

A home is an HMO:

• if it is occupied by three or more adults (aged 16 or over)
• they are from three or more families
• the home is their only or main residence
• it is either a house, premises or a group of premises owned by the same person with shared basic amenities (a toilet, personal washing facilities, and facilities for the preparation or provision of cooked food) (as defined in section 125 of the Housing (Scotland) Act 2006)

The local authority will tell the landlord how many people are allowed to live in any HMO property.

More advice on overcrowding is available from Shelter Scotland or the council.