The Decent Homes Standard is a standard that currently applies to all social housing in the UK. In addition, the government plans to introduce a Decent Homes Standard for the private rented sector or PRS.
The Decent Homes Standard at a glance
The Decent Homes Standard for social housing
According to the June 2006 guidance, for social housing, a decent home must meet four criteria. For social housing home to be officially ‘decent’, it must:
- meet the current statutory minimum standard for housing
- be in a reasonable state of repair
- have reasonably modern facilities and services, and
- provide a reasonable degree of thermal comfort.
Additionally, a home in the social housing sector is 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.
Consultation to introduce a Decent Homes Standard for the private rented sector
On 2 September 2022, the government launched a consultation on introducing a new Decent Homes Standard for the private rented sector (PRS).
After first giving background on the development of the Decent Homes Standard, it then outlines the government’s proposals for the PRS. As this is a “consultation”, the document asks renters, landlords, councils and housing groups for views on what the minimum standard for privately rented homes should be. It’s a detailed survey with 54 separate questions.
Although it proposes using the same four part test as for social housing above, it suggests several adjustments for the private rented sector. For instance, replacing the definition of reasonably modern facilities for social housing with something less prescriptive, which does not stipulate the maximum age of the kitchen or bathroom:
- a kitchen with adequate space and layout, appropriate to the property (sink, cupboards, cooker space, worktops, etc)
- an appropriately located bathroom and WC
- adequate external noise insulation, and
- adequate size and layout of common entrance areas for blocks of flats.
Proposed new criminal offence for private landlords
The government is proposing to give the new standard some “teeth” by making non-compliance a criminal offence. Here is a brief summary:
They propose introducing a legal duty on private landlords to ensure their property meets the Decent Homes Standard. Landlords in breach of this requirement, as identified by a local council through an inspection, would be guilty of a criminal offence. This would be dealt with by either issuing a civil penalty or undertaking a prosecution in the magistrate’s court.
The consultation further recommends that a failure to comply with this duty be made a banning order offence. This means that a landlord would be legally prohibited from letting properties, or engaging in letting agency or property management work.
You can find the full text of the consultation paper here.
The House of Commons Library published a report in December 2022, Housing conditions in the private rented sector (England), which is a useful summary of the status quo. It quotes The English Housing Survey that estimates that in 2021, 23% of homes (around one million homes) in the PRS in England were in a condition that would fail the Decent Homes Standard. This compares with 13% of owner-occupied homes and 10% of social housing.
The Decent Homes Standard and the Renters Reform Bill
Michael Gove’s press release that accompanied the publication of the Renters Reform Bill on 17 May 2023 stated:
The government will also bring forward legislation as part of the Bill to:
Apply the Decent Homes Standard to the private rented sector for the first time, giving renters safer, higher quality homes and remove the blight of poor-quality homes in local communities. This will help deliver the government’s Levelling Up mission to halve the number of non-decent rented homes by 2030.
However, the Renters Reform Bill itself didn’t include anything on the Decent Homes Standard.
It is expected that the Department for Levelling Up will add the provisions relating to the Decent Homes Standard for the private rented sector by an amendment to the Bill. Presumably the government will also publish the results of the consultation on the Decent Homes Standard.
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Watch this space – I will keep this page updated.
Last updated: 20 August 2023
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