In this article
- When does the Decent Homes Standard apply to private landlords?
- Is the Decent Homes Standard law yet?
- What are the five criteria?
- What changed from the 2025 consultation?
- Which homes will the standard cover?
- How will councils enforce it?
- What applies to private landlords now, before 2035?
- How many private rented homes would fail the new standard?
- How does the standard connect to EPC C and Awaab's Law?
- How can landlords prepare between now and 2035?
- LLCR Academy and the LLCR platform
The Decent Homes Standard will apply to privately rented homes in England from 2035, a date confirmed on 28 January 2026. It is confirmed policy, not yet law: the regulations under section 2A of the Housing Act 2004 have not been made. Homes will need to meet five criteria covering hazards, repair, facilities, thermal comfort, and damp and mould.
This article is for general information purposes only and does not constitute legal advice. Landlords should seek independent legal advice for their specific circumstances. It describes the position in England as at October 2026.
When does the Decent Homes Standard apply to private landlords?
The government has set 2035 as the date the reformed standard applies to both social and privately rented homes. The July 2025 consultation offered 2035 or 2037, and the government response published on 28 January 2026 chose 2035 for both sectors.
A specific in force day has been set for the social sector only. For private landlords, the government has said legislation will be made before 2035 and that landlords should not leave all the work until the end of the period.
Is the Decent Homes Standard law yet?
Not for private landlords. Section 100 of the Renters' Rights Act 2025 inserted sections 2A and 2B into the Housing Act 2004, giving the Secretary of State power to set decent homes requirements for privately rented homes by regulations. As at October 2026, legislation.gov.uk shows section 2A as not yet in force, and no regulations have been made.
Under section 2A, regulations can set two kinds of requirement. A type 1 requirement triggers a council duty to act under section 5 of the Housing Act 2004. A type 2 requirement gives the council a power, rather than a duty, under section 7. The government said detailed guidance for landlords and tenants would follow later in 2026; none had been published at the time of writing.
What are the five criteria?
The government's policy statement of 28 January 2026 confirms five criteria. A home that fails any one of them will be non-decent once the standard applies.
| Criterion | What the home must meet | Key detail |
|---|---|---|
| A: Hazards | Free from Category 1 hazards under the HHSRS | Private landlords will not be expected to carry out HHSRS assessments themselves |
| B: Repair | In a reasonable state of repair | Fails if one or more key components, or two or more other components, are not in reasonable repair. Condition only; no age tests |
| C: Facilities | Reasonably modern facilities and services | Flats need at least three of four listed facilities, houses two of three. Window restrictors where a window presents a fall risk |
| D: Thermal comfort | A reasonable degree of thermal comfort | Must meet the minimum energy efficiency requirement, heating must reach the whole home, and tenants must be able to programme it |
| E: Damp and mould | Free from damp and mould | Non-decent if the landlord has not remedied damp and mould |
Key components under Criterion B include walls, internal finishes, chimneys, the roof structure and covering, windows, external doors, the kitchen, the bathroom, electrics, heating, fire alarms and internal doors. Other components include rainwater goods, balustrades and stairs, and door entry systems.
Criterion C's window restrictor test applies only where all four conditions are met: a drop of more than 600mm, an opening wider than 100mm, guarding lower than 1,100mm, and no working restrictor.
The policy statement describes the hazard and damp thresholds using the old HHSRS bands. The HHSRS was reformed on 23 June 2026 and now uses High, Medium and Low bands, so exactly how Criteria A and E will read against the new bands is not yet confirmed.
What changed from the 2025 consultation?
The final standard is narrower than the version consulted on. The changes most relevant to landlords are:
- Age tests removed. Kitchens and bathrooms are judged on condition, not on how old they are.
- Floor coverings dropped as a requirement; they will be covered by best practice guidance and a pilot instead.
- Additional security standards dropped, including Part Q style requirements for doors and windows.
- Digital connectivity is left to best practice guidance rather than a requirement.
Which homes will the standard cover?
Section 2B of the Housing Act 2004 defines the qualifying residential premises the standard can cover: homes let on assured, assured agricultural and Rent Act regulated tenancies, supported exempt accommodation, HMOs, and the common parts of buildings containing them. Social housing is excluded because it has its own regulatory regime.
Lodgers and other licensees are not covered unless future regulations add them. Where common parts are controlled by a superior landlord, the policy statement allows a council to take action against that superior landlord.
How will councils enforce it?
Councils will have a duty to act where a home fails Criterion A and a discretionary power to act on the other four criteria. Enforcement will use the existing Part 1 Housing Act 2004 tools, such as improvement notices.
The Housing, Communities and Local Government Committee recommended in its report of 3 July 2026 that councils should have a duty to enforce every criterion, that the PRS Database should allow landlords to self-declare compliance, and that incentives should encourage work before 2035. As far as we could find, the government had not published its response as at October 2026.
What applies to private landlords now, before 2035?
The Decent Homes Standard is in the future, but the rules that will sit underneath it already apply. Several tightened during 2026.
| Rule | In force from | Source |
|---|---|---|
| Reformed HHSRS: 29 hazards cut to 21, with High, Medium and Low bands | 23 June 2026 | SI 2026/571 |
| Civil penalty of up to £7,000 when a council first acts on a Category 1 hazard | 22 June 2026 | Housing Act 2004 s.6A; SI 2026/638 |
| Penalty of up to £40,000 for failing to comply with an improvement notice | Offences from 1 May 2026 | MHCLG HHSRS landlord and agent guide |
| Rent repayment orders of up to two years' rent | 1 May 2026 | Renters' Rights Act 2025 |
| Home must be fit for human habitation | In force | Homes (Fitness for Human Habitation) Act 2018 |
| Repairs to structure, exterior and installations | In force | Landlord and Tenant Act 1985 s.11 |
Our article on the 2026 HHSRS reform explains the new bands, and the Section 11 repairing duty covers the baseline obligation that already overlaps with Criterion B.
How many private rented homes would fail the new standard?
The English Housing Survey found that 22% of privately rented homes, about 1.1 million, were non-decent in 2024 under the current definition, compared with 10% of social homes. Ten per cent of privately rented homes had a Category 1 hazard.
The government's own modelling, published on 28 January 2026, estimated that 48% of privately rented homes, about 2.4 million, would fail the new standard on 2023 data, up from 21% under the old definition. The figure is high partly because the new standard is broader, so it does not mean half of homes are dangerous. It does indicate the scale of work across the sector before 2035.
How does the standard connect to EPC C and Awaab's Law?
Criterion D links directly to the minimum energy efficiency standard. The government has confirmed a plan for privately rented homes to reach EPC C or equivalent by 1 October 2030 with a £10,000 cost cap, but the amending regulations have not been made; the current legal minimum is band E. Our article on the EPC C 2030 runway sets out what is settled.
Criterion E overlaps with Awaab's Law. The Renters' Rights Act contains the power to extend Awaab's Law to private landlords, and on 8 October 2026 the government opened a consultation on how to do so, closing on 18 December 2026. No start date for private landlords has been set; the consultation will inform the timescale. Our article on Awaab's Law for private landlords tracks the position.
How can landlords prepare between now and 2035?
Most of the work the standard will require is work the current law already expects. Landlords are advised to:
- Survey each property against the Criterion B key components and record their condition.
- Log every damp and mould report with the date, the response and the outcome.
- Check that heating reaches every room and that tenants can programme it.
- Fit window restrictors where the four part fall risk test is met.
- Plan EPC improvements alongside repair work rather than separately.
- Keep dated evidence of every inspection and repair, because councils already judge Category 1 hazards on what was done and when.
LLCR Academy and the LLCR platform
LLCR Academy, the training arm of LLCR (Landlord Compliance Register), is building The Complete Landlord Course, a nine module course on property management and compliance in England for the Renters' Rights Act era. It is on the waitlist now, and the waitlist decides which course is built next. The course already available is Tenancy Deposit Compliance for Landlords (England) on Udemy. LLCR Academy courses cover England only, map every legal point to its source and carry a public "law reviewed" date; they are general training, not legal advice, and are not currently CPD accredited.
The record keeping in the preparation list above is what the LLCR platform is built for. The issues and hazards register logs each reported problem, what was done and when, and the Hazard Response Pack draws that history together if a council inspects. The audit trail dates every action, and the contractor finder helps locate tradespeople for the work.
Find out where your properties stand today with the free LLCR compliance checker, and join The Complete Landlord Course waitlist to hear when it launches.
Frequently asked questions
When does the Decent Homes Standard apply to private landlords?
From 2035. The government confirmed the date on 28 January 2026 for both social and privately rented homes in England. The regulations needed to make it law for private landlords have not yet been made, and no specific in force day has been set for the private sector.
Will an old kitchen or bathroom fail the Decent Homes Standard?
Not because of its age. The final standard removed the age tests proposed in the 2025 consultation, so kitchens and bathrooms are judged on condition only. Under Criterion B, a home fails if one or more key components, which include the kitchen and bathroom, are not in a reasonable state of repair.
What can private landlords do now to prepare for the Decent Homes Standard?
Deal with the duties that already apply: since June 2026 a Category 1 hazard can lead to a civil penalty of up to £7,000, and Section 11 repairs and fitness for habitation are in force. Keeping a dated record of every reported issue and repair is the most useful step, and LLCR's issues and hazards register is designed to hold that record for each property.
This article is provided for informational purposes only and does not constitute legal advice. LLCR is a compliance management platform, not a law firm. For advice specific to your situation, consult a qualified solicitor.
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