Decent Homes Standard for private landlords in England
Last updated 26 Oct 2026
The Decent Homes Standard will apply to private rented homes in England from 2035, the date the government announced on 28 January 2026. Until then, private landlords must keep homes fit for human habitation and free of serious hazards, and councils can already fine them up to £7,000 for a category 1 hazard.
The standard covers England only. Scotland, Wales and Northern Ireland set their own housing standards: see damp and mould rules by nation.
What is in force and what is announced
| Rule | Status on 26 October 2026 | Source |
|---|---|---|
| Home fit for human habitation throughout the tenancy | In force | Landlord and Tenant Act 1985, section 9A |
| Council duty to act on a category 1 hazard | In force | Housing Act 2004, section 5 |
| Council civil penalty of up to £7,000 for a category 1 hazard | In force from 22 June 2026 | Housing Act 2004, section 6A |
| The new Decent Homes Standard's five criteria for private rented homes | Announced for 2035; regulations not yet made | Decent Homes Standard policy statement |
The law behind it
Part 3 of the Renters' Rights Act 2025 adds the standard to the Housing Act 2004. Section 100 gives the Secretary of State power to make regulations setting requirements for "qualifying residential premises". Those requirements can cover the premises' state of repair, facilities for occupants' "safety, security or comfort", and keeping them at a suitable temperature.
Qualifying residential premises are homes and HMOs in England let on assured, regulated or agricultural occupancy tenancies, plus supported exempt accommodation. Social housing let by a registered provider is excluded.
The requirements themselves will be set in regulations. When this page was checked, legislation.gov.uk showed section 100 in force only for limited purposes, under SI 2025/1354 and SI 2026/638. No regulations setting the five criteria had been made.
When it applies: 2035
The government's Decent Homes Standard policy statement (updated 28 January 2026) says "we are setting an implementation date of 2035" for both rented sectors. It gives a year, not a day, for private renting.
The statement says the government will bring forward the regulations "in due course". It also says landlords must "continue to meet their existing legal obligations to keep their homes in repair and fit for habitation" in the meantime.
The five criteria
The policy statement sets out five criteria. A home must meet all five to be decent.
- A. Free from the most dangerous hazards. No category 1 hazard under the Housing Health and Safety Rating System (HHSRS), which covers 29 types of hazard.
- B. In a reasonable state of repair. A home fails if one key component, or two or more other components, are not in reasonable repair. Key components include the walls, roof, windows, external doors, kitchen, bathroom, electrics and heating.
- C. Core facilities and services. A house needs at least two of: an adequate kitchen, a suitably located bathroom and WC, and adequate external noise insulation. A flat needs at least three, the fourth option being adequate common entrance areas.
- D. Thermal comfort. "The primary heating system heats the whole home, and the heating system must be programmable by tenants." The home must also meet the minimum energy efficiency standard.
- E. Free from damp and mould. A home fails if damp and mould is assessed as a hazard in bands A to H under the HHSRS.
Two details in the statement are specific enough to plan for now:
- Kitchens and bathrooms. A kitchen fails if it needs major repairs, or if more than one of these needs replacing: cold water supply, hot water, sink, cooking provision, cupboards, worktop. A bathroom fails on the same test for the bath or shower, wash hand basin and WC.
- Window restrictors. Homes need "child-resistant window restrictors, which can be overridden by an adult, on all windows which present a fall risk".
The energy efficiency part of criterion D stays under the Energy Efficiency (Private Rented Property) Regulations 2015. The proposed band C target for private lets is in minimum EPC rating by nation.
How councils will enforce it
The policy statement says councils will enforce the standard through Part 1 of the Housing Act 2004, as they do for hazards now. Under the Act's type 1 and type 2 split, councils will have a duty to act on some failures and a power to act on others. The statement says criterion A will carry the duty, and the other criteria the power.
What applies now
- Fitness for human habitation. Section 9A of the Landlord and Tenant Act 1985 implies a covenant that a home in England is fit for human habitation when let and "will remain fit for human habitation during the term of the lease".
- Category 1 hazards. Under section 5 of the Housing Act 2004, if a council considers a category 1 hazard exists, "they must take the appropriate enforcement action". That can be an improvement notice, a prohibition order or emergency remedial action.
- Civil penalties. Since 22 June 2026, section 6A lets a council impose a penalty of up to £7,000 for a category 1 hazard. It applies where the council thinks removing the hazard was reasonably practicable. SI 2026/638 brought this in for category 1 hazards only.
GOV.UK's HHSRS landlord and agent guide (updated 16 September 2026) explains how hazards are assessed. Damp and mould is one of them. Awaab's law will add repair deadlines for private landlords once its regulations are made.
Planning for 2035
The criteria reward a record of what is in each home and when it was last checked or replaced. Letbook is a compliance tracker for landlords that keeps each property's gas safety record, electrical report and EPC with their dates. Tenants can report repairs through their portal, and each report and reply lands on the property's dated timeline. It does not assess HHSRS hazards or check a home against the Decent Homes Standard. Sign up free.
Related guides: the Renters' Rights Act in England, EICR: how often and what if it fails and smoke and carbon monoxide alarms.
Sources
- Renters' Rights Act 2025, section 100, legislation.gov.uk
- Renters' Rights Act 2025 (Commencement No. 3) Regulations 2026, SI 2026/638, legislation.gov.uk
- The new Decent Homes Standard: policy statement, GOV.UK
- Landlord and Tenant Act 1985, section 9A, legislation.gov.uk
- Housing Act 2004, sections 5 and 6A, legislation.gov.uk
- HHSRS: landlord and agent guide, GOV.UK
Facts checked on 26 October 2026. This page relies on the 22 June 2026 commencement of section 6A by SI 2026/638 and on the 2035 date announced in the policy statement, which is not yet in legislation. This page is general information, not legal advice.