The Decent Homes Standard: What Landlords Need to Know
By Allison Thompson, National Lettings Managing Director, Leaders
The Government is preparing to extend the Decent Homes Standard to the private rented sector for the first time. A version of this standard has applied in the social housing sector for more than 20 years. To meet the current definition of ‘decent’, a home must be free from serious hazards as defined by the Housing Health and Safety Rating System (HHSRS).
In the private rented sector, landlords are already required to meet a number of safety and maintenance standards. These include:
- Ensuring the property is fit for human habitation at the start of the tenancy and throughout, in line with the Homes (Fitness for Human Habitation) Act 2018
- Keeping the property in a reasonable state of repair
- Providing valid gas and electrical safety certificates
- Meeting minimum energy efficiency standards
Local councils use the HHSRS to assess housing conditions, but enforcement is inconsistent and there is no unified benchmark for all rented homes. The Renters’ Rights Bill proposes to change this by introducing a legally binding Decent Homes Standard for the private rented sector. The final framework is still to be confirmed, but the direction is clear.
A stronger legal framework for property condition
The new standard would create a consistent minimum level of safety, condition and repair. It would also give tenants stronger rights to challenge poor conditions and give councils more tools to take enforcement action.
Key proposals include:
- A new Decent Homes Standard for all privately rented properties
- Stronger rules on damp and mould, with clear legal timeframes for resolving issues
- Requirements for heating and ventilation systems to meet energy efficiency expectations
- Powers for local councils to issue civil penalties of up to £7,000
- An increase in the maximum rent repayment order from 12 to 24 months’ rent
These changes are designed to bring clarity and consistency across the sector and to ensure that the most serious health and safety issues are dealt with swiftly.
What this means for landlords
Landlords will benefit from having clearer guidance on what is expected, but there may be costs involved in upgrading properties to meet the new requirements. For some, that could include replacing outdated heating systems, improving insulation or addressing long-standing structural issues.
There will also be greater scrutiny and stronger enforcement. Local councils will be able to issue civil penalties of up to £7,000 for serious breaches, without needing to go to court. If landlords ignore these penalties or fail to act within the legal timeframe, they may be prosecuted.
Tenants will also be able to apply to the First-Tier Tribunal for a rent repayment order of up to 24 months’ rent. In addition, the Bill gives tenants a new right to take their landlord to court for breach of contract if their property is not safe or properly maintained.
All privately rented homes in England will be covered by the new rules, including those owned by individual landlords, companies or part of portfolio investments.
At LRG, we are working closely with landlords to review property standards and plan ahead for any required improvements. Taking action early is the best way to reduce risk and ensure compliance.
What this means for tenants
Tenants will gain stronger legal rights and greater protection. The new standard means every renter should be able to expect a safe, well-maintained and energy-efficient home.
Issues such as damp, mould, poor insulation, heating faults and electrical hazards will need to be addressed within a clear legal timeframe. The Bill is designed to provide tenants with a more consistent standard of living and to ensure that serious problems are investigated and resolved without delay.
Where a landlord fails to meet the required standard, tenants will be able to:
- Report the issue to the local council, which can issue penalties
- Apply to the First-Tier Tribunal for a rent repayment order
- Take their landlord to court for breach of contract
Tenants may also be awarded a rent refund of up to 24 months, doubling the current limit.
How landlords can prepare
Although the new standard has not yet come into force, landlords should take steps now to prepare:
- Carry out regular property inspections at least once every 6 to 12 months
- Pay close attention to common issues such as damp, heating and ventilation
- Review EPC ratings and begin planning for energy efficiency improvements
- Ensure all gas, electrical and fire safety certificates are in place
- Keep clear records of maintenance and repairs
- Work with a qualified letting agent to stay informed on upcoming changes
Energy efficiency will also come under further scrutiny. While the current minimum EPC rating is E, the Government is expected to increase this to C in the coming years. Landlords considering buying or renovating should start factoring in those requirements now.
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