The Government has published a new consultation seeking views on proposed changes to the Decent Homes Standard for social and privately rented homes.
What is it?
The DHS acts as a technical standard specifying minimum criteria that social landlords must meet in relation to health and safety hazards, repair, reasonably modern facilities and thermal comfort.
The death of two-year-old Awaab Ishak in December 2020 as a result of prolonged exposure to damp and mould also led to additional legislation (via the Social Housing (Regulation) Act 2023) which from October 2025 implies terms into tenancy agreements requiring landlords to meet fixed timetables when dealing with damp, mould and emergency hazards.
Government reports that some 1.5m rented homes, and a staggering 21% of homes in the private rented sector (PRS) (2023), are “non-decent”. The Renters Rights Bill (RRB) therefore includes provision for secondary legislation which will apply both the current Decent Homes Standard and Awaab’s Law to all PRS homes let on assured tenancies (which will be most properties).
Whilst we are still anticipating that the RRB will receive Royal Assent before parliament breaks for the summer on 22 July 2025, any regulations will be based on the outcome of this consultation so will not come into force immediately.
However, the consultation advises that government intends to commence new powers as soon as possible to enable local authorities to impose financial penalties on landlords who have failed to take reasonably practicable steps to keep their properties free from serious hazards, so landlords of PRS stock would be well advised to begin assessing their portfolios for any issues now.
What are the changes?
The changes proposed by the consultation and as set out in the table below have in mind the future application of the DHS to the PRS, where (Government suggests) high demand has not given financial incentive for landlords to improve the quality of their properties.
Given that the DHS is now twenty years old and focused on management of social housing stock, the consultation also seeks to modernise the standards required to make them applicable to all rented properties.
Table 1 summarises the potential changes to Decent Homes Standard
|
Criterion |
Current DHS |
Potential updates for DHS |
|
Criterion A |
A dwelling must be free of hazards at the most dangerous ‘category 1’ level |
No changes |
|
Criterion B |
A property fails if one or more key building components are old and in disrepair; |
Failure is based solely on the condition of components, not the condition and their age |
|
Criterion C |
A property fails if it lacks three or more facilities, e.g. adequate kitchen which is less than 20 years old or bathroom which is less than 30 years old |
Properties must provide at least three of the core facilities to be decent (see proposal 2). |
|
Criterion D |
A dwelling must have both efficient heating and effective insulation |
A dwelling must meet relevant Minimum Energy Efficiency Standards and have programmable heating |
|
Criterion E (new) |
No specific damp & mould requirement |
Landlords should ensure their properties are free from damp and mould. |
Source: Ministry of Housing, Communities and Local Government, Consultation on a Reformed Decent Homes Standard for Social and Privately Rented Homes, 2 July 2025
What do I have to do now?
The consultation will last for ten weeks, closing on Wednesday 10 September 2025.
As always, it is important to remember that these proposals may be amended or refined before any changes to the DHS are made.
Landlords of PRS properties should be alive to the requirements of the current DHS (set out in the table above) and Awaab’s Law, both of which will apply to their properties once the expected regulations are made under the Renters Rights Bill. Failure to meet those requirements may result in civil penalties (of up to £7,000) or criminal prosecution.
Should you want to discuss any potential response to the consultation, or how either the current DHS or the proposed changes might affect you, our residential team will be happy to help.
Disclaimer
This information is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances. © Shoosmiths LLP 2025.