Lauren Fraser and Laura Bushaway write for Estates Gazette on the Decent Homes Standard

One of the key pillars of the Renters’ Rights Bill is to extend the Decent Homes Standard to the private rented sector. The Bill is expected to receive royal assent in autumn. It has concluded its passage through both Houses of Parliament and is due to return to the House of Commons to consider and vote on the Lords’ amendments on 8 September for the “ping pong” phase.

Ahead of the vote, Lauren Fraser and Laura Bushaway provide a reminder on what the Decent Homes Standard is, why it is important, who it applies to, and what action certain individuals and organisations may need to take.

The DHS currently applies only to social housing under Part 1 of the Housing Act 2004 (“HA 2004”). The Bill will amend the HA 2004 to include a mechanism for applying the DHS to “qualifying residential premises” in the PRS.

Landlords in the PRS are already subject to the Homes (Fitness for Human Habitation) Act 2018, under which they have a duty to ensure their property is fit for human habitation and complies with a list of matters in Section 10 of the Landlord and Tenant Act 1985 including but not limited to having a supply of hot and cold water, natural lighting and freedom from damp. Lauren and Laura go on to explain:

The Government has proposed that fines for a failure to comply with an enforcement notice be increased from £30,000 to £40,000 and for the local authority to have the power to issue immediate civil penalties for category 1 hazards of up to £7,000. In addition, enforcement will be against the immediate PRS landlord but under the Bill, the local authority will have the power and flexibility to serve an enforcement notice in relation to a breach of the DHS on any superior landlord if they are responsible for the DHS failure. 

Read the full article in Estates Gazette here (subscription required).