Decent Homes Standard Private Rented Sector: What Landlords Need to Know

What the Decent Homes Standard Means for Private Landlords

Since 2004, the Decent Homes Standard has set the floor for social housing conditions in England. Section 100 of the Renters' Rights Act 2025 changes that: private rented properties will need to meet the same five criteria that social landlords already follow.

The government confirmed in January 2026 that the standard will formally apply to private rentals from 2035, as part of "Phase Three" in the Renters' Rights Act rollout. Secondary regulations — the technical rules spelling out exactly how private properties will be assessed — haven't been published yet.

That gap between announcement and implementation is where most confusion lives. Some landlords read 2035 and assume they can wait. Others panic and think enforcement starts tomorrow. Neither is right.

The Five Criteria Your Property Must Meet

A privately rented dwelling must pass all five to be classified as "decent":

Criterion A — Freedom from Category 1 Hazards. Your property must be free from serious health and safety risks as assessed under the Housing Health and Safety Rating System (HHSRS). Category 1 hazards are already enforceable under HHSRS; the private-sector Decent Homes Standard itself is not yet in force. Since 22 June 2026, councils can issue civil penalties up to £7,000 for Category 1 hazards where the authority considers removal reasonably practicable.

Criterion B — Reasonable State of Repair. Key structural components — external walls, roofs, chimneys, windows, doors, boilers, and internal wall or ceiling finishes — must not be failing due to age and deterioration.

Criterion C — Reasonably Modern Facilities and Services. Houses need at least two of: an adequate kitchen, a suitably located bathroom and WC, and adequate external noise insulation. Flats need three of those four plus adequate common entrance areas. Child-resistant window restrictors are required where the internal drop exceeds 600mm, guarding is below 1,100mm, the opening is wider than 100mm, and no working restrictor is fitted.

Criterion D — Reasonable Thermal Comfort. An efficient, tenant-programmable heating system that can warm the entire property, meeting minimum energy efficiency standards.

Criterion E — Freedom from Damp and Mould. Any damp and mould hazard scoring within HHSRS Bands A to H triggers an automatic failure.

The Enforcement Framework: Two Tiers

The government's planned enforcement uses a two-tier structure:

• Tier 1 covers Criterion A (Category 1 hazards). Local authorities have a statutory duty to act, with civil penalties up to £7,000 where removal was reasonably practicable.
• Tier 2 covers Criteria B through E. Councils have discretionary power — they can act, but aren't obligated to.

Enforcement guidance also asks councils to consider mitigating factors: tenant access refusals, planning restrictions on historic buildings, and similar circumstances.

What You Should Do Now

The formal PRS enforcement date may be years away, but HHSRS enforcement is active today. Councils can already fine landlords for Category 1 hazards such as damp, excess cold, fire safety risks, and structural hazards under existing Housing Act 2004 powers, where the statutory conditions are met.

Walk each property against the five criteria. Fix anything that would fail Criterion A — those hazards are already enforceable. Document the condition of structural components, heating systems, ventilation, and any damp issues. Build the evidence file now so you're not scrambling when the secondary regulations land.

If you need a structured walkthrough of all five criteria with a dated compliance checklist, the Decent Homes & Awaab's Law Compliance Guide covers every criterion, the HHSRS hazards behind them, and the records you need to keep.

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