Decent Homes Standard for private rented homes: what applies now

Is it in force? Where things stand on 25 October 2026

• Not in force for private renting. The new section of the Housing Act 2004 that lets the government set standards for privately rented homes is still marked prospective on legislation.gov.uk, and the regulations that will contain the standard have not been made.
• Start date: from 2035. The policy statement says regulation and enforcement begin in 2035 for both sectors. For social housing it names 1 April 2035; for private renting it gives the year only.
• Guidance promised. The government said detailed guidance for tenants and landlords would follow later in 2026, and has promised guidance on what freeholders and leaseholders are each responsible for.
• Already in force: stronger council powers over serious hazards, covered below. Those are what you can use today.

What the new standard will require

A home must meet all five criteria. As set out in the policy statement:

A: Free of the most serious hazards

No category 1 hazards under the Housing Health and Safety Rating System (HHSRS). This part already applies today through the HHSRS, as set out below.

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, heating and electrics. The test is condition only: the age of a kitchen or boiler no longer counts.

C: Core facilities, and window restrictors

A house needs at least two of: an adequate kitchen, a suitably located bathroom and WC, and adequate noise insulation. A flat needs three of those four, the fourth being adequate shared entrance areas. Windows that are a fall risk for children need restrictors an adult can override.

D: Reasonable thermal comfort

A main heating system that can heat the whole home, which you can programme, and a home that meets the minimum energy efficiency standard that applies to it.

E: Free of damp and mould

A new criterion. A home is not decent if damp and mould have not been dealt with, and landlords are expected to prevent it, not only react to reports.

Dropped after the consultation: a requirement for floor coverings, and extra home security and outdoor standards such as boundary walls and bin stores.

For criterion D, the energy standard for private rented homes is still band E today. The government plans to raise it to the equivalent of band C by 1 October 2030, but that is not yet law. Check a home’s energy rating.

How it will be enforced in private renting

Your council will enforce it, not a regulator. The policy statement says the Housing Act 2004 is being changed so councils can use their hazard powers on homes that fail the standard. As planned:

• Councils must take action on a criterion A failure (a category 1 hazard), and may act on the other criteria.
• Councils must inspect where appropriate, for example after a tenant complains.
• A civil penalty of up to £7,000. For category 1 hazards this already exists (see below); how far it reaches the other criteria depends on regulations not yet made.
• Not complying with a council notice or order is a criminal offence. The maximum civil penalty for it is £40,000.
• Councils can act against a superior landlord, such as the freeholder responsible for shared parts.

Councils will be able to take a landlord’s circumstances into account, such as a tenant refusing access or planning rules that block work.

What protects private renters right now

Hazards: the HHSRS

Councils assess homes with the Housing Health and Safety Rating System. A revised version took effect on 23 June 2026, with 21 hazards, including damp and mould, excess cold, electrical hazards, fire and falls. If the council finds a category 1 hazard, the most serious kind, it must act. It can order repairs by a deadline, do emergency work itself and recover the cost, or prosecute.

Since 22 June 2026, a council can also fine a private landlord up to £7,000 where it was reasonably practicable to remove a category 1 hazard and they didn’t (MHCLG’s explainer).

Repairs your landlord must do

GOV.UK says your landlord is always responsible for the structure and exterior, heating and hot water, basins, sinks, baths and toilets with their pipes and drains, gas appliances and flues, wiring and fire safety. Report problems promptly, in writing, and keep paying rent while you wait. Gas safety and electrical safety have their own checks.

A home fit to live in

Under the Homes (Fitness for Human Habitation) Act 2018, your home must be fit to live in at the start of the tenancy and throughout. It covers periodic tenancies and fixed terms under 7 years, which includes nearly every private tenancy now. Unlike the HHSRS, you enforce it yourself: tell the landlord in writing, allow reasonable time, and if nothing happens you can go to court. A judge can order the work and compensation. Lodgers and other licensees are not covered.

What to do

• Report the problem to your landlord in writing, with photos, and keep copies.
• If it isn’t fixed, or it is dangerous, contact your council’s private housing or environmental health team and ask for an HHSRS inspection.
• If the council serves an improvement notice and the landlord ignores it, you may be able to claim a rent repayment order.

Where this comes from

On GOV.UK: the Decent Homes Standard consultation, its government response and the New Decent Homes Standard policy statement (28 January 2026), repairs in private renting, the fitness for human habitation guide for tenants, MHCLG’s explainer on the £7,000 fines and the Awaab’s Law consultation announcement. On legislation.gov.uk: Housing Act 2004 section 2A, section 2B and section 249A, the HHSRS amendment regulations 2026 and the Renters’ Rights Act commencement regulations of June 2026.

This guide covers common private tenancies in England and is general information, not legal advice. Different rules apply in Scotland, Wales and Northern Ireland, and to lodgers, social housing and some specialist accommodation. RenterCheck is independent and not connected with the government.