The Decent Homes Standard for the private rented sector under the Renters’ Rights Act

The Decent Homes Standard currently sets minimum standards for the condition of social homes in England. However, a revised Decent Homes Standard will be extended to the private rented sector in 2035, as part of the implementation of the Renters’ Rights Act.

The government confirmed in January 2026 that there will be a new Decent Homes Standard for both the social and private rented sectors, and homes will need to meet 5 revised criteria.

Detailed guidance on the new DHS will be published ‘in due course’.

In this blog post, I explain each of the criteria, comparing them to the current law and discussing the implications for the private rented sector.

Last updated: 10 October 2026

>> Related Post: HHSRS changes: the new 21 hazards in 2026

>> Related Post: Awaab’s Law for private landlords: what it is and when it will apply

The current Decent Homes Standard for social housing

Before discussing the new Decent Homes Standard (DHS), it is worth reviewing the current rules.

The DHS is currently governed by Part 1 of the Housing Act 2004, and only applies to social housing, ie council and housing association housing. It was originally introduced by the Blair government in 2001 and was last updated in 2006. Its purpose is to ensure that social housing homes are safe, in good repair, and have modern facilities.

The June 2006 guidance explains that for social housing to be officially ‘decent’, it must:

1. meet the current statutory minimum standard for housing
2. be in a reasonable state of repair
3. have reasonably modern facilities and services, and
4. provide a reasonable degree of thermal comfort.

The current DHS is prescriptive, and will potentially deem a home not to be decent, based on the age of the facilities, and not the condition. This is because a home in the social housing sector is currently not considered to have “reasonably modern facilities” if it lacks three or more of the following:

• a reasonably modern kitchen (20 years old or less)
• a kitchen with adequate space and layout
• a reasonably modern bathroom (30 years old or less)
• an appropriately located bathroom and WC
• adequate insulation against external noise (where external noise is a problem), and
• adequate size and layout of common areas for blocks of flats.

What the Renters’ Rights Act says about the Decent Homes Standard

Part 3 of the Renters’ Rights Act amends the Housing Act 2004 to include a mechanism for applying the Decent Homes Standard to “qualifying residential premises”, including HMOs, in the private rented sector.

A new Section 2A of the Housing Act 2004 will grant the Secretary of State wide powers to “specify requirements to be met by qualifying residential premises” in regulations. The requirements will include (without limitation) the following:

• the state of repair of the premises,
• things to be provided for use by, or for the safety, security or comfort of, persons occupying the premises, and
• the means of keeping the premises at a suitable temperature.

The Renters’ Rights Act gives the new standard some “teeth” by making non-compliance a criminal offence, and subject to a civil penalty of up to £7,000 from the local council.

The Act states that regulations will specify “provision about the manner of assessing whether qualifying residential premises meet the requirements specified by [the DHS] regulations”.

In Schedule 4, the local authority will have the power to inspect a property “with a view to determining whether any category 1 or 2 hazard exists on the premises” and whether the property meets the requirements set out in the Decent Homes Standard regulations.

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The 5 criteria for the new Decent Homes Standard

The January 2026 Policy Statement confirmed that, following the consultation, a home in the social and private rented sector must comply with the following 5 criteria to meet the new Decent Homes Standard:

Criterion A: Meets the current statutory minimum standard

The new criterion

The property must be free of any serious Category 1 hazards as assessed by the Housing Health and Safety Rating System (HHSRS), which was revised in June 2026.

In practice, this means that issues like severe damp, dangerous electrics, risk of falls, fire risks, etc, must be addressed so they do not pose a high risk to those who live in the property.

Comparison with the current law

Private landlords are already obliged to ensure a property is free from Category 1 hazards, as part of their obligation to ensure the property remains fit for human habitation during the term of the tenancy under the Section 9A Landlord and Tenant Act 1985, introduced by the Homes (Fitness for Human Habitation) Act 2018. This includes being free of Category 1 hazards, as they render a home “unfit” for human habitation.

Under Section 5 of the Housing Act 2004, local authorities may serve enforcement notices if a Category 1 hazard is found, and landlords must remedy it.

Criterion A doesn’t introduce new duties, but mirrors the existing minimum standard that landlords in the PRS should already meet.

Implications for private landlords

There’s no change here apart from making it explicit that a “decent home” must have no serious health/safety hazards.

Good landlords will already carry out repairs and safety checks to avoid Category 1 hazards such as fixing structural disrepair, addressing significant mould, ensuring fire safety measures.

Councils will continue to be able to inspect and require action on serious hazards.

>> Related Post: HHSRS changes: the new 21 hazards in 2026

Criterion B: Meets a reasonable state of repair

The new criterion

This criterion requires a reasonable state of repair beyond addressing immediate risks to health and safety. The focus will be on the condition of a property and its various components, and not the age. Some old components may be in perfectly good condition, despite their age, and landlords won’t be required to replace them merely because they are old.

Homes will fail against this criterion if:

• one or more key building components is not in a reasonable state of repair, or
• two or more other building components are not in a reasonable state of repair

What are key building components under the new Decent Homes Standard?

The key building components are set out below, together with examples of what would cause the property to fail the DHS, according to Annex A of the Policy Statement:

• Wall structures: lintels, brickwork, damp proof courses and external wall finish, that are not structurally sound or weather tight.
• Internal wall and ceiling finish: significant crumbling or unbonded plaster, extensive or serious cracking of plaster, but excluding decoration.
• Chimneys: broken, unseated or unsafe chimney pots, leaning stacks, unsafe chimney heads; decayed brick/masonry structure; and defective pointing.
• Roof structure: sagging of roof structure, water ingress/leaks, humping of the roof over internal load bearing walls and/or party walls, and spreading outwards of the roof structure at the eaves.
• Roof covering: significant number of missing, broken or slipped slates or tiles; broken or slipped ridge tiles and hips; missing verges and torn or cracked flat roof coverings, that are not structurally sound or weathertight
• Windows: not weather tight, unable to make secure / lock, unable to use properly (i.e. open and close), due to issues such as distorted or unseated window frames; rotted sills or sub sills; broken panes of glass; defective ironmongery; and defective, damaged or missing seals or putty which causes the window to leak or stop it from being secured or locked.
• External doors: not weather tight, unable to make secure / lock, unable to use properly (i.e. open and close), due to distorted or unseated door frames; rotted sills or sub sills; broken panes of glass; corroded, rusting or rotten ironmongery; and defective, damaged or missing seals or putty where they cause the door to leak or stop it from being secured or locked.
• Kitchen: all components must be in a usable condition, and it would fail the standard if major repairs are required or more than one of the following items need to be replaced: cold water drinking supply; hot water; sink; cooking provision; cupboards and worktop.
• Bathroom: all components must be in a usable condition, and it would fail the standard if major repairs are required or more than one of the following items need to be replaced: bath or freestanding shower; wash hand basin; WC.
• Electrical system: requires maintenance or major repair. As well as meeting the requirements for an Electrical Installation Condition Report at least every five years, the electrical system in the property must not be dangerous eg broken casings; damaged power socket boxes; exposed wiring; and other obvious signs of damage, disrepair or unauthorised alterations, especially to the consumer/meter units.
• Heating system: must not be dangerous, for instance wall mounted boilers in danger of detaching; rusted boilers or tanks; leaking oil tanks or pipes; holes in gas flues; balanced gas flues with unsafe guards; balanced gas flues with incorrectly positioned guards; and smell of gas/oil around boiler.
• Fire alarm systems, sprinklers, signage requiring replacement or major repair.
• Mechanical ventilation: requiring major repair or replacement, such as ventilation unit being inappropriately or insecurely fixed to the wall; unit not operating despite being switched on.
• Lifts: requiring major repair or replacement, eg repairs needed to shaft, car, doors, call panel or control panel.

What are other building components?

The “other” building requirements, which would lead the property to fail the standard if two or more are not in a reasonable state of repair are the following:

• Rainwater goods: which require replacement, repair or major unblocking, including cracked or corroded or detached gutters or downpipes; loose or defective brackets; missing fittings; blockages restricting water drainage.
• Balustrades, handrails and stair treads: which require replacement or repair, due to insecurely or inappropriately attached components which are unable to withstand reasonable force.

Comparison with the current law

Private landlords are already required under Section 11 Landlord and Tenant Act 1985 to keep the structure and installations (plumbing, heating, etc.) in repair. The Homes (Fitness for Human Habitation) Act also makes a property “unfit” if the disrepair is so bad that the dwelling becomes unfit for people to live in.

A leaking roof may eventually become a damp and mould hazard or a structural hazard. But if something is simply dated or in need of repair, but is not yet dangerous, the landlord does not currently need to upgrade it. (That said, it does make sense for landlords to carry out repairs proactively as it often nips things in the bud, avoiding a big problem).

Implications for private landlords

Criterion B requires landlords to adopt a preventative maintenance approach by addressing issues while they’re minor. My view is that this is common sense and good business sense for landlords to keep properties in good repair.

This not only keeps the home “decent” but will save landlords money long-term by avoiding more serious deterioration. It shifts the current minimum legal baseline, which often only kicks in when disrepair becomes hazardous or makes the home uninhabitable, to a more proactive standard.

The DHS will formalise a higher expectation of proactive maintenance. Landlords would need to fix problems early before they deteriorate into severe hazards. This shifts the obligation from reacting to crises to preventative upkeep. For instance, only repairing a roof once it’s seriously leaking.

This will not be an issue for landlords who already stay on top of maintenance. Those who take a “wait until it breaks” approach will need to become more proactive.

Criterion C: Has core facilities and services

The new criterion

The core facilities standard will be updated to to remove references to the age of amenities, and focus on the presence and quality of amenities, as well as introducing new specific standards for safety and comfort.

The criterion has different requirements for flats and houses:

Flats

Flats must provide at least 3 of the following facilities:

• a kitchen with adequate space and layout – must not be too small to contain all the required items (sink, cupboards, cooker space, worktops etc.) appropriate to the size of the flat. (Note it is just a cooker space, and not an actual cooker).
• an appropriately located bathroom and WC – main bathroom or WC must not be located in a bedroom or accessed through a bedroom unless the bedroom is not used or the flat is for a single person or “household”.
• adequate external noise insulation – airborne noise where there are problems with traffic (rail, road and aeroplanes) or factory noise.
• adequate size and layout of common entrance areas for blocks of flats – must have sufficient room to manoeuvre easily, for example without narrow access ways with awkward corners and turnings, steep staircases, inadequate landings, absence of handrails, low headroom etc.

Houses

Houses must provide at least 2 of the following facilities:

• a kitchen with adequate space and layout – must be large enough to contain the required items as above, appropriate to the size of the house.
• an appropriately located bathroom and WC – as above
• adequate external noise insulation – as above

In addition, all rented properties must have child-resistant window restrictors, which can be overridden by an adult, on all windows which present a fall risk for children.

Comparison with the current law

Currently, there are no specific obligations on private landlords to have a “modern” kitchen or bathroom, aside from general fitness for human habitation. An outdated or cramped kitchen isn’t currently actionable unless it poses a health risk, but will inevitably make a property less attractive to tenants.

Of course, HMO landlords and landlords subject to selective licensing have to provide certain minimum kitchen/bathroom facilities per number of occupants, but single-family lets that are not in a selective licensing area are not currently subject to such detailed rules.

>> Related Post: Landlord guide to Selective and HMO Licensing

Implications for private landlords

For landlords with properties in good order with an indoor bathroom and a usable kitchen, this won’t be an issue. Those with very old, substandard setups such as an outside toilet, would have to upgrade to meet the DHS when it comes into force.

Currently, private landlords are not explicitly required by law to fit window restrictors. If a landlord failed to secure a high window and a serious incident seemed likely, it might be considered a “falls between levels” hazard under HHSRS, but in practice enforcement on this has been rare unless there’s clear and present danger.

Criterion D: Provides a reasonable degree of thermal comfort

The new criterion

This criterion relies on the existing MEES framework, and states that all new and existing domestic private rented properties must be at an EPC C or equivalent by 1 October 2030, or for a valid exemption to have been registered.

The primary heating system must be able to provide heat for the whole home, and not just two rooms, which is the current standard for social housing.

The heating must also be “programmable”, meaning the tenant can control timing and temperature, typically via a thermostat or programmer. The programmer must be accessible to the tenants, and not locked away. (Something for HMO operators to note).

>> Related Post: The new EPC minimum energy efficiency standards for landlords for 2030

Comparison with the current law

The private rented sector is already subject to a minimum energy efficiency standard, currently set at EPC E, and this is due to increase to EPC C by 1 October 2030, unless there is a valid exemption.

There are currently no explicit standards for heating the whole home.

Implications for private landlords

This does not add anything over and above what is already being planned for minimum energy efficiency standards, other than requiring heating for the whole home. For properties with modern central heating, this is unlikely to be an issue, but if any habitable rooms do not have heating, this will need to be installed.

However, a small number of older rental properties might still have just a gas fire in the sitting room and electric heaters elsewhere, or storage heaters in only some rooms. Once the DHS is implemented, there will need to be a heat source in every room.

Criterion E: Is free of damp and mould

The new criterion

This is a completely new addition to the Decent Homes Standard, which explicitly requires that properties “are free from damp and mould” beyond the most minor levels. This proposal is driven by high-profile cases and growing awareness of the serious health risks posed by damp and mouldy living conditions, including the tragic death of toddler Awaab Ishak in 2020.

HHSRS assessment of damp and mould generates a score that falls into one of ten bands, from A to J, with A the most dangerous and J the safest. Local authorities as enforcers of standards in the private rented sector will take this into account when assessing if a private landlord meets the DHS, and social landlords may assess this through, for example, stock condition surveys.

A home would fail the new DHS if an HHSRS assessment finds a damp and mould hazard to be anywhere from bands A to H.

Only the mildest signs of mould (Bands I or J), which indicate little to no risk to human health, would fall outside this criterion.

Comparison with the current law

This goes further than the current law, and lowers the tolerance for what is considered an unacceptable level of mould. Instead of only acting when it’s severe, landlords will need to take action for all but minimal traces of mould.

Implications for private landlords

Practically, this means landlords must address damp and mould as soon as they become aware of it.

Under DHS, the onus will be on the landlord to fix root causes by, for example, improving ventilation (eg extractor fans, vents), repairing leaks, upgrading insulation or heating to reduce condensation, and dealing with any penetrating or rising damp problems.

If tenants report damp or mould, the expectation is landlords will respond and attempt remediation promptly. If mould is severe enough to be a “significant risk of harm”, ie a Category 1 hazard, Awaab’s Law will require landlords to fix it within a set timeframe – see the blog post Awaab’s Law for private landlords: what it is and when it will apply.

Landlords will need to work with tenants to explain how to use heating and ventilation effectively, but the consultation makes clear that this must “sit alongside – and not be a substitute for – tackling the root causes of the issue, such as building deficiencies, inadequate ventilation or low indoor air temperature.”

>> Related Post: How should landlords best tackle damp and mould?

When will Decent Homes Standard come into force for private rented sector?

The government confirmed in its Policy Statement of 28 January 2026 that the Decent Homes Standard will apply to the private rented sector from 2035.

However, certain aspects of the Decent Homes Standard launch before 2035:

• The assessment of hazards under the HHSRS was reformed in June 2026, when the 29 hazards were reduced to 21. See HHSRS changes: the new 21 hazards in 2026.
• The government is due to consult on the implementation of Awaab’s law for the PRS by the end of 2026.
• The minimum energy efficiency standard for the PRS (EPC C), ie Criterion D, is due to come into effect in 2030. See The new EPC minimum energy efficiency standards for landlords for 2030.

How much will the Decent Homes Standard cost landlords?

For most landlords, complying with the Decent Homes Standard is not likely to be costly for landlords. The new Decent Homes Standard largely describes what a well-maintained rental property already looks like. A property that is free of serious hazards, in good repair, with a usable kitchen and bathroom and heating that works throughout, will meet the standard without any extra spending.

The main area of expense is likely to be Criterion D (thermal comfort). The requirement to reach EPC C, or register a valid exemption, by 1 October 2030 comes from the minimum energy efficiency standards rather than the DHS itself, so that cost is on its way regardless. The DHS simply folds it into the definition of a decent home. The other thermal comfort requirement, a heat source for the whole home, will only affect the small number of properties still relying on a gas fire in the sitting room and plug-in heaters elsewhere.

Criterion B (reasonable state of repair) is best thought of as a change in timing rather than a new cost. Landlords will need to fix components while the problem is small, instead of waiting until it becomes a hazard. The spending was always coming; the DHS brings it forward. (In my experience, it is cheaper that way. A slipped tile is a small job. The rotten roof timbers that follow it are not.)

The genuinely new spending is modest: child-resistant window restrictors on windows that present a fall risk for children, and possibly improved ventilation in properties prone to condensation. Landlords with very dated stock, such as a property with an outside toilet, face bigger upgrade costs under Criterion C (core facilities and services), but they are comparatively rare.

>> Related Post: The new EPC minimum energy efficiency standards for landlords for 2030

How will the Decent Homes Standard be enforced?

The Renters’ Rights Act does not create a new enforcement system for the Decent Homes Standard. Instead, it plugs the DHS into the machinery councils already use for HHSRS hazards, in Part 1 of the Housing Act 2004.

Under that system, hazards come in two categories. Councils must take enforcement action on Category 1 hazards (the serious ones), and may take action on Category 2 hazards. The Act applies the same two-tier logic to the Decent Homes Standard. When the government writes the detailed DHS regulations, each requirement will be labelled either “type 1”, where the council has a duty to act, or “type 2”, where it has a power to act. We won’t know which parts of the DHS fall into which tier until the regulations are published.

In practice, if a rented home fails a type 1 requirement, the council must take enforcement action, typically by serving an improvement notice telling the landlord what to fix and by when. That is the same notice councils serve for hazards today.

There are then two financial consequences:

• A civil penalty of up to £7,000. When the council first takes enforcement action over a type 1 failure, it can also fine the landlord up to £7,000, if it considers the landlord could reasonably have fixed the problem (new Section 6A of the Housing Act 2004). One penalty can cover several failures at the same property, and the cap can rise with inflation.
• A criminal offence for ignoring the notice. Failing the DHS is not, in itself, a crime. Failing to comply with an improvement notice is (Section 30 of the Housing Act 2004), and the Renters’ Rights Act removes the old cap on the fine, so it is now unlimited.

In other words, the council does not prosecute a landlord for having a property that falls short of the standard. It tells the landlord to put it right, can fine them up to £7,000 at the same time, and prosecution follows only if the landlord ignores the notice.

The regime is designed to catch the landlords who don’t engage with the council and carry out any works in the notice.

>> Related Post: Renters’ Rights Act landlord fines and penalties explained

Final thoughts

Landlords who already take a proactive approach to repairs and maintenance will already comply with most if not all of the proposed Decent Homes Standard. Proactive maintenance is not only common sense, but it makes business sense, as it nips problems in the bud.

Mould can be very tricky to eradicate as it is often due to multiple factors, not all of which are within the landlord’s control. I foresee that sensors which measure moisture levels and temperature in properties will become very popular.

You may also find helpful

• Renters’ Rights Act resources
• How should landlords best tackle damp and mould?
• Which repairs must landlords carry out in the UK?
• What landlords need to know about energy efficiency and EPC ratings
• What should UK landlords provide in unfurnished properties?