A Decent Homes Standard (DHS) will be introduced to the private rented sector for the first time. The measure forms part of the Renters’ Rights Act, which received Royal Assent on 27 October 2025, although it has not yet come fully into force.
Until now, if a rented home was found to be substandard, landlords could only be prosecuted through the courts with penalties decided by a judge. Under the new Act, local councils will have stronger enforcement powers, including the ability to issue civil penalties of up to £40,000 for certain lettings breaches.
This is intended to incentivise landlords to make sure their properties remain safe and decent.
Check out our article, 'Ten tips to help landlords comply with the new Decent Homes Standard' for relevant advice.
If a landlord fails to comply with enforcement action, they can be criminally prosecuted, and the tenant or local council can also apply to the First-tier Tribunal for a rent repayment order. And the maximum amount of rent that can be repaid is doubling, from 12 months’ to two years’ rent.
“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, 21% of properties in the private rented sector do not meet standards. So there will be a challenge for some landlords to raise their game and get their properties up to spec, or face either fines, a criminal record and, in the worst cases, a prison sentence.”
- Sean Hooker, Head of Redress at the Property Redress Scheme
Alongside the introduction of the DHS, will be the extension of Awaab’s Law to the private rented sector. Introduced following the death of two year old Awaab due to mould in his housing association home, Awaab’s Law sets clear timeframes within which landlords must make homes safe if they contain serious hazards. Find out more about what the new law means for landlords in our blog on Awaab’s law.
“Too often the actions of a minority of rogue and criminal landlords have brought the sector into disrepute.
We therefore support measures to ensure every rental home is of a decent quality, and swift action is taken where standards threaten the health of tenants.”
- Ben Beadle, CEO of the NRLA
The DHS has played a key role in setting the minimum standards that social homes must meet since the early 2000s, and in 2021 the Conservative Government committed via its Levelling Up white paper, to upgrade this.
The most recent update before that was in 2006 when the definition of a ‘decent home’ changed to reflect the Housing Health and Safety Rating System (HHSRS), which replaced the Housing Fitness Standard that year.
The HHSRS is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in homes, including those in the private rented sector.
Currently, around 10% of social homes and 21% of private rented homes do not meet the Decent Homes Standard.
The government has stated that “the DHS in its current form no longer reflects the present-day needs of tenants or landlords and it is falling short when it comes to addressing fundamental problems with our social housing stock. For these reasons and more, it needs to be modernised.”
The new DHS will create a legally binding, enforceable standard in the private rented sector that acts in conjunction to the HHSRS framework. Together it is hoped they can work in tandem in regulating rental housing quality.
The Homes (Fitness for Human Habitation) Act 2018 already requires landlords, both social and private to make sure properties are fit for habitation at the start and throughout a tenancy. However, enforcement under this Act requires court action, which many tenants and councils are reluctant to pursue. The DHS, combined with the new powers for civil penalties and rent repayment orders, will strengthen enforcement and accountability.
There are still questions to be answered on the practicality of the proposals, as it is unlikely that local authorities will have the resources to inspect every property. It is therefore thought that the standards will form part of the requirements for the Private Rented Sector Database, which all properties rented in the private sector would need to be on.
There may be a role for the inventory clerk sector to provide independent inspections.
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You can also visit Total Landlord's Renters’ Rights Act hub which will be regularly updated as the Act progresses.
