The Decent Homes Standard - rolled out in 2001 for social housing - has set out a number of proposed requirements for homes in the private rental sector, namely that a home will meet the standard if:
a. It meets the current statutory minimum standard for housing
b. It is in a reasonable state of repair
c. It has reasonable facilities and services; and
d. It provides a reasonable degree of thermal comfort
The current system for ensuring privately rented homes meet standards largely relies on local councils to identify hazards in privately rented properties and take enforcement action against the landlord, who must then comply. The Government suggests that this 'creates an environment where some landlords are not proactive in ensuring their property meets requirements and rather wait for an inspection to be told what improvements need to be made whilst tenants live in unacceptable conditions' and asserts that introducing a legal duty for landlords to meet the Decent Homes Standard will tackle this issue.
The Government also proposes that landlords in breach of the Decent Homes Standard will be committing a criminal offence and can be prosecuted or fined. It will also be made a banning order offence, meaning landlords could be prohibited from letting houses if they fail to meet the standard.
Landlords would be required to register their homes - and self-declare that they meet the standard - on the new digital Property Portal being created by the government. Enforcement against those making false declarations would include prosecution and up to a £30,000 fine.
The proposal would also give local councils a duty to investigate complaints relating to the Decent Homes Standard in their area, with the consultation document adding:
"This would help ensure that Decent Homes Standard enforcement is prioritised and that substandard properties are dealt with swiftly.
"To support better transparency and accountability, we propose requiring local councils to report Decent Homes Standard improvements and enforcement activities. This could be to their local community and/or to central government."
Consulation on the proposals will take place for six weeks - landlords can have their say here.
Responding to the Government’s consultation on applying the Decent Homes Standard to the private rented sector, Ben Beadle, Chief Executive of the National Residential Landlords Association, said:
“Standards in the private rented sector are improving. That is why private renters are more likely to be satisfied with their accommodation than those in the social rented sector.
“The Government’s plans should focus on making it easier for private landlords, tenants and councils to understand what is expected of them by simplifying the almost 170 laws already affecting the sector. The plans need to also recognise crucial differences between private and social rented housing, including in the age and types of properties in each.
“In the end, all the laws in the world will do nothing without improved enforcement against the minority of landlords who tarnish the reputation of the responsible, law-abiding majority. That requires properly resourced councils tackling the criminals and rogues, whilst allowing the responsible majority to easily prove their home is safe and compliant.”
