Decent Homes Standard for private landlords
The Decent Homes Standard is expected to apply to private rented homes from 2035. The five criteria, the planned penalties, and the rules that apply today.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- The government's January 2026 policy statement says the new Decent Homes Standard will apply to private rented homes from 2035.
- The regulations setting the standard have not been made yet, so it is not in force.
- It has five criteria: no Category 1 hazards, reasonable repair, core facilities, thermal comfort, and freedom from damp and mould.
- Councils will enforce it, with planned civil penalties of up to £7,000 for serious failures and up to £40,000 for ignoring enforcement action.
- Today's duties still apply, including the £7,000 Category 1 hazard penalty in force since 22 June 2026.
The Decent Homes Standard is a set of minimum conditions for rented homes that the government says will apply to private rented homes in England from 2035. It is not in force yet: the regulations have not been made. Until then, your existing duties on hazards, repairs and fitness for habitation apply, and councils can already fine landlords up to £7,000 for a Category 1 hazard.
What is the Decent Homes Standard?
The government is reforming the Decent Homes Standard for both social and privately rented homes. Section 100 and Schedule 4 of the Renters' Rights Act 2025 allow a new version to be applied to private rented homes as well. Those provisions have only been commenced for limited purposes so far, on 27 December 2025 and 22 June 2026.
The detail comes from "The New Decent Homes Standard: policy statement", updated on 28 January 2026. It says: "The new DHS will apply from 2035". The standard will cover both social and private rented homes.
This page covers England only. Wales, Scotland and Northern Ireland set their own housing standards.
When will it apply to private landlords?
| Step | Date | Status on 25 October 2026 |
|---|---|---|
| Powers in the Renters' Rights Act | Royal Assent 27 October 2025 | Partly commenced, for specified purposes only |
| Category 1 hazard civil penalty (Housing Act 2004 s.6A) | 22 June 2026 | In force for Category 1 hazards |
| Decent Homes limb of that penalty | Not set | Not commenced |
| Regulations setting the new standard | Not set | Not made |
| New standard applies to private rented homes | 2035 | Expected (policy statement) |
The 2025 roadmap gave "2035 or 2037". The January 2026 policy statement settled on 2035. We'll update this page when the regulations are made.
The five Decent Homes criteria
The policy statement sets out five criteria. A home will need to meet all of them.
| Criterion | What it requires | What to check now |
|---|---|---|
| A | Free of Category 1 hazards under the Housing Health and Safety Rating System (HHSRS) | Already enforceable today, with a £7,000 civil penalty since 22 June 2026 |
| B | A reasonable state of repair | Your repairing obligations under the Landlord and Tenant Act 1985 already apply |
| C | Core facilities, including window restrictors where there is a fall risk | Check kitchens, bathrooms and upper-floor windows |
| D | Thermal comfort, including compliance with the minimum energy efficiency standards | The legal minimum is EPC band E today; band C by 1 October 2030 is planned but not yet law |
| E | Free of damp and mould | Deal with reports promptly; Awaab's Law is also being consulted on for private rentals |
Landlord compliance reminders. Gas safety, EICR, EPC, deposit and licence dates in one place, plus your notice deadlines, with email reminders before anything expires.
Start now · FreeHow will it be enforced?
Your local council will enforce the standard. The policy statement refers to:
- immediate civil penalties of up to £7,000 for serious failures; and
- a maximum of £40,000 for failing to comply with enforcement action.
Councils already have wider investigatory powers under the Renters' Rights Act, in force since 27 December 2025. See council powers and inspections.
What applies today?
You don't have to wait for 2035 to be held to a standard. These duties already apply to private landlords in England:
- HHSRS hazards. Councils assess hazards under Part 1 of the Housing Act 2004. Since 22 June 2026 they can impose a civil penalty of up to £7,000 for a Category 1 hazard where removing it was reasonably practicable.
- Improvement notices. Failing to comply with one is a Housing Act 2004 offence, with a civil penalty of up to £40,000 for conduct on or after 1 May 2026.
- Fitness for human habitation and repairs. Under sections 9A and 11 of the Landlord and Tenant Act 1985. The written statement of terms for a new tenancy must explain these duties.
- Safety checks. Annual gas safety checks, an EICR at least every 5 years, and smoke and carbon monoxide alarms.
- Energy efficiency. A minimum of EPC band E unless you have a registered exemption. See EPCs and MEES.
How to prepare for 2035
Nine years sounds a long way off, but some work, such as insulation or a new kitchen, is best planned alongside other improvements. A simple approach:
- Survey each property against the five criteria. Note anything that clearly fails, such as missing window restrictors or recurring mould.
- Fix Category 1 hazards now. They are already enforceable.
- Plan the bigger items. Combine heating, insulation and window work with any work for the planned EPC band C standard, which the government is aiming for by 1 October 2030.
- Log damp and mould reports. Record the date reported, what you did and when. That record will also matter if Awaab's Law is extended to private rentals; see our guide to Awaab's Law.
- Keep evidence of works. Invoices, photos and certificates will help if a council inspects or a tenant complains.
Example. A landlord surveys a two-bedroom flat against the five criteria. There is no restrictor on a second-floor bedroom window (criterion C), recurring mould in the bathroom (criterion E) and an EPC in band D (criterion D, which meets today's band E minimum). The restrictor and the mould are dealt with now, because they could already be hazards a council acts on. The heating and insulation work is planned alongside any work needed for the band C target.
Watch out: a disrepair counterclaim can reduce the arrears in a Ground 8 claim below the threshold on the hearing day. A property in poor condition can cost you a possession order long before 2035.
What to do next
Put your gas safety, EICR, EPC and licence dates into one system so that nothing lapses while you plan the bigger works. Our compliance reminders do that for each property. For the other changes still to come, see the Renters' Rights Act timeline, or go back to the Renters' Rights Act hub.
Reminders
Landlord compliance reminders
Gas safety, EICR, EPC, deposit and licence dates in one place, plus your notice deadlines, with email reminders before anything expires.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Does the Decent Homes Standard apply to private landlords now?
No. The Renters' Rights Act allows it to be applied to private rented homes, but the regulations have not been made, and the government's policy statement says it will apply from 2035. Your existing duties on hazards, repairs and fitness for habitation apply now.
Could the 2035 date change?
It could. The 2025 roadmap said 2035 or 2037, and the January 2026 policy statement settled on 2035, but the date will only be fixed when the regulations are made. We'll update this page when they are.
Is the Decent Homes Standard the same as the HHSRS?
No. The Housing Health and Safety Rating System is how councils assess hazards today. The first Decent Homes criterion uses it, by requiring a home to be free of Category 1 hazards, but the standard adds four more criteria on repair, facilities, warmth, and damp and mould.
Can poor property condition affect a possession claim?
It can. A tenant facing a rent arrears claim can file a disrepair counterclaim, and if the court sets it off against the arrears, the debt may fall below the Ground 8 threshold. Keeping the property in good repair protects your claim as well as your tenant.
Sources
Related guides
Awaab's Law and private landlords
Awaab's Law for private landlords in England: not in force yet, the consultation closing 18 December 2026, the possible start dates and how to prepare.
Council powers and inspections under the Renters' Rights Act
Renters' Rights Act powers for councils: information notices, entry and inspections, seizing documents, the penalties councils impose and how to respond.
EPC rules for landlords: band E now, band C next
The minimum EPC rating for rental property in England is band E. Band C by 1 October 2030 is planned, not yet law. Exemptions, penalties and costs explained.
Landlord compliance checklist for England (2026)
A landlord compliance checklist for England in 2026: every certificate and legal duty, how often it's due, the maximum penalty, and what affects eviction.
Renters' Rights Act 2025: what landlords must do now
What the Renters' Rights Act changed for landlords in England on 1 May 2026, the dates still to come, and a checklist of what you must do now.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.