For the first time, a Decent Homes Standard (DHS) will be introduced into the private rented sector as part of the government’s efforts to tackle unsafe and substandard housing conditions. This move is expected to improve living conditions and create safer homes for tenants across England.
The urgency of this shift becomes evident when considering the data from the English Housing Survey 2022-23, which reports that 21% of privately rented homes are deemed “non-decent.” More than half a million of these properties contain serious hazards, putting tenants at risk. The DHS seeks to address these issues with clearer expectations for landlords, requiring properties to meet criteria for safety, maintenance, and security.
Stronger enforcement against rogue landlords
A significant obstacle to achieving higher standards in private rentals has been the cumbersome process of enforcing penalties for non-compliance. Currently, landlords whose properties fall below standard can only face prosecution through the courts, leaving penalties up to the discretion of a judge.
The new DHS legislation grants local councils the authority to issue civil penalties. Landlords failing to address serious hazards in their properties could face fines of up to £7,000. This increase in localised enforcement powers is designed to encourage landlords to meet their obligations. Landlords who continue to flout regulations may find themselves facing criminal prosecution. Furthermore, tenants and councils will now have the option to apply to the First-tier Tribunal for rent repayment orders (RROs), with the newly doubled limit allowing up to two years of rent to be reclaimed.
Sean Hooker, Head of Redress at the Property Redress Scheme, remarked, “A Decent Homes Standard has been in operation within the social rented sector since 2004 and, now that it has raised standards there, it is going to be applied to privately rented homes. The reality is that if you are undertaking your current legal requirements to make sure that your property is in good condition, as the vast majority of landlords are, you shouldn’t have any problems. However, around a fifth of properties in the private rented sector do not meet standards. There will be a challenge for some landlords to raise their game or face fines, a criminal record or even a prison sentence.”
The extension of Awaab’s Law
Alongside the DHS comes the extension of Awaab’s Law into private rentals. Named after Awaab Ishak – a two-year-old who died from prolonged exposure to mould in his housing association home – the law stipulates strict timeframes within which landlords must address hazardous conditions. This legislation is expected to prevent tragedies like Awaab’s and create a safer environment for tenants.
Ben Beadle, CEO of the NRLA, stated, “Too often the actions of a minority of rogue and criminal landlords have brought the sector into disrepute. We therefore support measures to improve the quality of all rental homes and act swiftly when tenants’ health is threatened.”
The evolution of the Decent Homes Standard
Rooted in policy since the early 2000s, the Decent Homes Standard has been instrumental in setting quality benchmarks for housing in the social sector. It was updated in 2006 to align with the Housing Health and Safety Rating System (HHSRS), which identifies hazards and mitigates harm. However, the HHSRS alone does not provide a minimum standard for home conditions.
The DHS framework addresses this gap by offering a legally enforceable standard that complements the HHSRS. Under the DHS, homes classified as “decent” must be free of severe hazards (defined as Category 1 risks) and maintained in a reasonable state of repair. These requirements aim to align private landlords with the accountability that has long been in place for social housing providers.
Tackling enforcement challenges
While the DHS promises stricter standards, questions remain over how enforcement will be managed. With limited resources, councils are unlikely to inspect all properties in their jurisdiction. One proposed solution is integrating DHS compliance into the Private Rented Sector Database, which would provide a centralised framework to manage enforcement.
There is also potential for inventory clerks to play a role in independent property inspections, bridging the resource gap for local authorities and ensuring broader accountability.
How landlords should prepare
Landlords who have already been proactive in maintaining their properties won’t face many challenges under the new regulations. However, those with substandard properties will need to take immediate steps to address serious hazards and align with DHS requirements. With the ability to impose civil penalties and rent repayment orders, this legislation introduces safeguards for tenants and sets the stage for measurable improvements in rental housing quality.
For tenants, the DHS and Awaab’s Law represent a long-overdue shift towards safer, more secure living conditions. For landlords, they offer an opportunity to demonstrate responsibility and professionalism in an increasingly scrutinised sector.
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