renters rights act

Decent Homes Standard for Private Landlords: What You Need to Meet

The Decent Homes Standard will apply to privately rented homes in England from 2035. Here is what the five criteria require, what is already law today, and what landlords should fix first.

LT
LandlordReady Team
··Last reviewed ·8 min read
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When does the Decent Homes Standard apply to private landlords?

The government has decided that all rented homes, private and social, must meet the new Decent Homes Standard by 2035, and that local authority enforcement against it will begin then. Part of it is already law: a privately rented home must be free of Category 1 hazards, and since 22 June 2026 councils can fine a landlord up to £7,000 for failing to remove one when it was reasonably practicable to do so.

The Renters' Rights Act 2025, section 100 gives the government power to set the standard for private rentals by regulations under a new section 2A of the Housing Act 2004. The content and the 2035 date were confirmed in the government response to the Decent Homes Standard consultation (28 January 2026), which also says detailed guidance will follow. The regulations have not yet been made, so the detail below is the government's stated policy, not yet enforceable law, except where the table says otherwise.

What is law now, and what is coming

RequirementStatus (25 September 2026)Source
Free of Category 1 hazards (HHSRS)Law now. Councils can serve improvement notices. A landlord who fails to take reasonably practicable steps to remove a Category 1 hazard can be fined up to £7,000 (in force since 22 June 2026)GOV.UK, June 2026
Not complying with an improvement noticeLaw now. It is an offence (Housing Act 2004 s30). Councils can issue a civil penalty of up to £40,000 for offences on or after 1 May 2026 (£30,000 before) instead of prosecuting (s249A), and the tenant can seek a rent repayment orderHPA 2016 s40
Fit for human habitation throughout the tenancyLaw now. Tenants can sue in the county courtLTA 1985 s9A
Minimum EPC ELaw nowMEES guidance
EPC C (or equivalent) for all tenanciesDecided, not yet law. Government says 1 October 2030; regulations still to be laidMEES government response, Jan 2026
Awaab's Law timescales for damp, mould and other hazardsPower in the Act, no date. Applies to social landlords only for now; the government says it will consult on private rentalsGuide to the Renters' Rights Act
Full Decent Homes Standard (criteria A–E)Decided, not yet law. Applies from 2035; regulations and guidance to followDHS government response

The five criteria

The new standard is not the same as the 2006 social-housing standard. Its biggest change is that a kitchen or bathroom no longer fails just because of its age. Per the government response, a home is decent only if it meets all five of these:

A: Free of the most dangerous hazards. No Category 1 hazards under the Housing Health and Safety Rating System (HHSRS). The HHSRS was updated on 23 June 2026 and now has 21 hazard profiles instead of 29, but the government says this does not change what a Category 1 hazard is.

B: In a reasonable state of repair. A home fails if one or more key building components, or two or more other components, are not in reasonable repair. Only condition counts now, not age, and the list of components has been expanded.

C: Core facilities and services. Flats must have at least three of the following, and houses at least two of the first three:

  • a kitchen with adequate space and layout
  • an appropriately located bathroom and WC
  • adequate external noise insulation
  • adequate size and layout of common entrance areas (flats only)

All rented homes must also have child-resistant window restrictors, which an adult can override, on every window that presents a fall risk to children.

D: Thermal comfort. The home must meet the relevant minimum energy efficiency standard and have programmable heating, meaning the occupants can control both its timing and its temperature. From 2035 this makes the EPC rule part of the Decent Homes Standard too. See our MEES and EPC C guide.

E: Free of damp and mould. A home is non-decent if the landlord has not dealt with damp and mould. This goes further than criterion A, because it aims to catch damp and mould before it becomes a serious hazard. The government says minor, unavoidable damp will not lead to enforcement.

How enforcement works

The standard will be enforced by council housing and environmental health teams, as hazards are now. For Category 1 hazards, the tools available today are:

  • an improvement notice telling you what work to do and by when. Failing to comply is an offence under s30
  • a prohibition order or emergency remedial action in the most serious cases
  • a civil penalty of up to £7,000 where it was reasonably practicable for you to remove the hazard and you did not (since 22 June 2026)
  • a civil penalty of up to £40,000, or prosecution, for failing to comply with an improvement notice
  • a rent repayment order made by the First-tier Tribunal where an offence such as failing to comply with an improvement notice has been committed. The Renters' Rights Act raised the maximum to two years' rent (HPA 2016 s44); see our rent repayment orders guide

A home that falls short of the Decent Homes Standard does not, on that fact alone, lead to a rent repayment order. An order needs one of the listed offences. The GOV.UK civil penalties guidance says it will be updated to cover the Decent Homes Standard penalties once section 100 is brought into force. Any figure you see quoted for a Decent Homes Standard fine is not yet law. For all current council penalties, see landlord fines and civil penalties.

What to do before 2035

Deal with anything that could be a Category 1 hazard now, because that is where today's fines and notices bite. Damp and mould, excess cold, electrical faults and fire risk are the usual examples; see Awaab's Law and damp and mould and electrical safety requirements. Plan any energy works towards the 2030 EPC C target at the same time as repairs, and fit window restrictors when you next have a contractor in. The government has said landlords "should not leave all work to improve homes to the end of the implementation period" and will publish guidance. Keep dated records of every inspection and repair. For the full list of your obligations, use the 2026 landlord compliance checklist.

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Frequently Asked Questions

When does the Decent Homes Standard apply to private landlords?

The government response of 28 January 2026 says all rented homes must meet the new standard by 2035, and that council enforcement against it will begin then. The regulations under the Renters' Rights Act 2025 have not yet been made. The duty to keep a home free of Category 1 hazards is already enforceable, with fines of up to £7,000 since 22 June 2026.

Do old kitchens and bathrooms fail the new standard?

Not because of age alone. The new standard removes the old rule that a kitchen over 20 years old or a bathroom over 30 years old counted against a home. Criterion B now judges components on their condition, and criterion C asks whether the kitchen and bathroom are adequate in layout and location.

What is the penalty for not meeting the Decent Homes Standard?

No Decent Homes Standard penalty is in force yet, because section 100 of the Renters' Rights Act has not been commenced. Today councils can fine up to £7,000 for failing to remove a Category 1 hazard where it was reasonably practicable to do so. Failing to comply with an improvement notice can lead to a civil penalty of up to £40,000 or prosecution, and to a rent repayment order.

Does meeting my EPC requirement mean I meet the Decent Homes Standard?

No. Meeting the minimum energy efficiency standard is only part of criterion D, which also requires programmable heating. A home with a good EPC can still fail on hazards, repair, facilities, window restrictors, or damp and mould.

How do I know if my property has a Category 1 hazard?

Hazards are assessed under the Housing Health and Safety Rating System, which since 23 June 2026 has 21 hazard profiles. Visible damp and mould, very cold rooms, exposed wiring, broken stair balustrades or missing fire precautions are warning signs. Get a competent surveyor or contractor to look, fix the problem, and keep evidence of what you did.


This article is general guidance, not legal advice. The Decent Homes Standard regulations for the private rented sector have not yet been made, so check the current position before relying on any detail.

LT

LandlordReady Team

Editorial team

LandlordReady's guides are written for landlords who manage their own properties. They are researched from primary sources (legislation.gov.uk, GOV.UK guidance and the HSE), and each guide shows when it was last reviewed. They are general information, not legal advice.

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