Clarity needed on Decent Homes plan

Clear guidance is needed when it comes to plans for the new Decent Homes Standard for privately rented homes, set to be introduced as part of the new Renters’ Rights Bill. 

A consultation into the proposals has closed this week – and in our response we are calling for the introduction of a clear set of rules for compliance, as well as the publication of the Government review of the Housing Health and Safety Rating System (HHSRS) so that landlords can self-regulate with confidence. 

What is the Government proposing?

Under Government proposals the new standard will replace the existing Decent Homes Standard, which currently only applies to social housing – with a new standard that applies to social and private renting.

Five main criteria will need to be met as part of the plans.

For a home to be deemed ‘Decent’ a home must:  

• Be free from Category 1 Housing Health and Safety Rating System (HHSRS) hazards  

• Be in a reasonable state of repair –  with clear parameters laid out as to what this means   

• Have reasonably modern facilities  

• Meet new ‘thermal comfort requirements’ related to minimum energy efficiency standards (MEES)  

• Be free of all but the most minor cases of damp or mould

When is it likely to come in?

The suggested implementation date for the new Decent Homes Standard is either 2035 or 2037, with the long lead-in time giving the sector time to get to grips with new minimum energy efficiency standards (MEES) set to be introduced to all tenancies by 2030.

However, enhanced enforcement powers around category 1 hazards are set to arrive much sooner than this, most likely next year.

The Government intends to grant local authorities the power to issue substantial on the spot fines of up to £40,000 where a category 1 hazard is present ahead of the rest of the DHS. It will also place a duty on local authorities to take action, which is likely to lead to more fines as a result.

Category 1 hazards and the HHSRS review

Almost all homes in the PRS are free from category 1 hazards so should not have to worry about this unduly.

However, the HHSRS system has been widely criticised in the past as opaque and difficult to understand. This makes it more difficult than it should be for landlords to identify and address hazards without first having an inspection by a local authority.

This lack of clarity prompted a review of the HHSRS back in 2020. This review concluded in 2022 and recommended a number of improvements that would make it easier for landlords to self-regulate and identify hazards when they arise.

However, years later, these recommendations have still not been implemented and the current unclear HHSRS guidance remains in place.

The lack of progress on the HHSRS review will become more important once the enhanced enforcement powers are in place. Under the current rules, if a local authority finds a category 1 hazard they would normally serve an improvement notice or an informal notice making the landlord aware of the hazard first so that landlords can rectify the problem. In the future, local authorities can potentially issue a fine on the day of the inspection instead.

What does the NRLA think?

No tenant should live in an unsafe home or be subject to damp and mould resulting from an inadequate property, and landlords want to provide homes that are safe and free from hazards.  However, landlords must be given the tools to identify and rectify hazards in the home if the system is to be fair.

We are recommending that the HHSRS review's recommendations are implemented before the new enforcement powers are introduced. This would give landlords the opportunity to self-regulate and provide decent homes without the fear of fines from an opaque system.

More information 

• When it comes to property standards Safe2 is the NRLA's one stop shop for all things compliance, allowing you to order any required safety certificate with just a click of a button. For more information click here. 

• The NRLA's award-winning training academy offers a range of courses on safety and property standards, with a full list available here. There is also guidance on property standards in our resource centre. 

• To help get ready for all the changes coming up under the new Renters' Rights Bill visit our exclusive member hub here, or why not take our Renters' Rights Bill training course to help you prepare.