The Renters' Rights Act came into force on 1 May 2026, marking the start of the biggest overhaul of the private rented sector in decades. However, not all of the reforms have been introduced at once.
One of the most significant changes still to come is the introduction of the Decent Homes Standard (DHS) to the private rented sector for the first time. The Government has confirmed this will be implemented during phase three of the Renters' Rights Act rollout, following further consultation and secondary legislation.
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. he introduction of the Decent Homes Standard will create a clear, legally enforceable minimum standard for privately rented homes and give local authorities stronger powers to tackle poor-quality housing.
Once implemented, 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.
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.
HHSRS itself does not set out a basic standard for home conditions: rather it only focuses on identifying hazards and mitigating the risk of harm. The DHS would 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.
Currently, in England, approximately 22.6 million dwellings (85%) meet the basic Decent Homes Standard, while 4.0 million dwellings (15%) fail to meet it.
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 detailed enforcement framework for the private rented sector is still being developed.
The Government has confirmed that the Decent Homes Standard will be introduced during phase three of the Renters' Rights Act rollout. Further regulations and guidance will set out how compliance will be assessed, monitored and enforced.
It is expected that local authorities will play a key role in enforcement, although questions remain about how inspections and resources will be managed in practice.
The standards are also expected to link with the Private Rented Sector Database, which will provide greater oversight of privately rented properties.
There may also be an important role for the inventory clerk sector in providing independent inspections and evidence of property condition.
Read our guide: "Renters’ Rights Act: The government's three-phase implementation plan."
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You can also visit Total Landlord's Renters’ Rights Act hub which will be regularly updated as the Act progresses.
