For the first time in the 20 years since it was introduced for social housing, the Decent Homes Standard (DHS) applies to the private rented sector in England. The Renters’ Rights Act 2025 brings it in alongside Awaab’s Law and the Private Rented Sector Database as part of the same reform package, and the effect is to turn the “minimum acceptable home” from a vague concept into a statutory benchmark enforceable by local authority civil penalty.
Roughly 2 in 10 privately rented homes were estimated by the English Housing Survey (EHS) to fail the old non-statutory Decent Homes benchmark. Under the new statutory version, that figure represents roughly 860,000 properties that will need some degree of remediation before the PRS application date. If you own one of them, you need to know now.
This guide walks through the four Decent Homes criteria, how each applies in a PRS context, the grace period, how enforcement interacts with HHSRS and Awaab’s Law, and what operational changes every landlord should be making in 2026.
Verify the current commencement date and statutory instrument on legislation.gov.uk before relying on any specific deadline in this article. The framework is known; the exact date for the PRS is set by secondary legislation.
The four Decent Homes criteria
A home is “decent” if it meets all four of the following criteria. Fail any one and the property fails.
Criterion A: No Category 1 HHSRS hazards
Under the Housing Health and Safety Rating System (HHSRS) a Category 1 hazard is one scored at ≥1,000 on the HHSRS numerical scale. The 29 HHSRS hazards include damp and mould, excess cold, fire, electrical hazards, carbon monoxide, falls on stairs, structural collapse and others.
A council inspector applies HHSRS scoring using the methodology in the Housing Act 2004 and HHSRS Operating Guidance. A single Category 1 hazard fails the property.
Most common PRS failures: excess cold (poorly insulated or single-glazed properties), damp and mould, falls on stairs (inadequate handrails or uneven treads), electrical (pre-2004 consumer units near end of life).
Criterion B: Reasonable state of repair
The home must be in a reasonable state of repair. The original DHS definition (2006, updated) lists building components and whether each is at or beyond the point where replacement is needed. Components include:
A property fails if one or more key building components are old and need replacing, OR two or more other components are old and need replacing (exact wording varies by current DHS guidance; verify on GOV.UK).
“Old and needs replacing” is usually assessed by age against typical replacement intervals (e.g. kitchen ~20 years, bathroom ~30 years, roof covering ~50 years).
Criterion C: Reasonably modern facilities and services
The home must have reasonably modern facilities. A property fails if it lacks three or more of:
Criterion D: Reasonable degree of thermal comfort
The home must have effective insulation and efficient heating. Interpreted in practice as:
A property with EPC band E or above and a working gas central heating system will typically meet Criterion D. A property with electric panel heaters, no insulation and single-glazed windows will typically fail.
How the PRS version differs from the social-housing version
The social-housing DHS has been updated several times since 2006 but is essentially unchanged in structure. The PRS version under the Renters’ Rights Act 2025 is expected to:
The exact PRS version is in the SI under the Renters’ Rights Act 2025 — verify before relying on specific wording.
Grace period
Social-housing landlords had a 10-year grace period from 2006 to 2015 to bring stock to the original DHS. The PRS is expected to get a shorter grace period of 12–24 months from commencement, with priority enforcement on the most serious failures (Category 1 hazards, heating, structural repair).
Don’t wait. A Category 1 hazard is enforceable under HHSRS today regardless of DHS status. If an inspector attends for any reason, they apply HHSRS and the DHS simultaneously.
Commission a pre-emptive DHS audit of your properties now. A chartered surveyor (MRICS/FRICS) can do a DHS assessment for £300–£600 per property, identifying failures before the council does.
Enforcement mechanics
Enforcement follows the existing HHSRS route:
Step 1: Inspection. Triggered by (a) tenant complaint to the council, (b) council intelligence-led inspection, or (c) licensing scheme inspection. The inspector applies both HHSRS and DHS.
Step 2: Notice. If the property fails, the council issues:
Step 3: Civil penalty or prosecution. Non-compliance with a notice can attract:
Step 4: Database entry. From late 2026 the Private Rented Sector Database will record enforcement history. Repeat offenders face reputational penalty beyond cash fines.
Interaction with Awaab’s Law
DHS is the standard; Awaab’s Law is the response timescale when a tenant reports a failing.
A single mould complaint can therefore trigger:
The tenant can plead any or all of these in a County Court claim. The court doesn’t require you to know which statute to cite — it requires you to not have the failing in the first place. The combined effect is to raise the bar for acceptable property condition across English private rentals.
Operational playbook
1. Audit every property now
Commission a DHS assessment per property. A chartered surveyor will produce a report listing failures against each criterion with photographs, cost estimates and priority ranking. Budget £300–£600 per property.
2. Plan remediation by severity
Prioritise:
3. Budget capital expenditure
DHS upgrades are typically capital expenditure, not revenue — they create an improved asset. That means they are not deductible against rental income for Self Assessment, but they are added to the acquisition cost for Capital Gains Tax purposes (reducing CGT on eventual sale).
Discuss tax treatment with your accountant. Some works (like a like-for-like kitchen replacement at end of life) may be revenue repairs; extensions and material upgrades are capital.
4. Keep records
Every DHS-relevant work should have:
This is exactly what LetCompliance’s Document Vault is designed to capture.
5. Re-audit every 3 years
Decent Homes isn’t a one-off tick. Components age. A kitchen installed in 2010 fails Criterion C in 2030 (20-year rule). Re-audit every 3 years, and keep a rolling replacement plan.
Related reading
Start a 7-day LetCompliance trial to track DHS criteria per property with auto-reminders for each component.
Frequently asked questions
What is the Decent Homes Standard and when does it apply to the PRS?
The Decent Homes Standard (DHS) has applied to social housing since 2006. The Renters’ Rights Act 2025 extends it to the private rented sector in England. A “decent” home must meet four criteria: (a) no Category 1 HHSRS hazards, (b) in a reasonable state of repair, (c) reasonably modern facilities and services, and (d) a reasonable degree of thermal comfort. The exact commencement date for the PRS is set by secondary legislation under the Act — verify the current SI on legislation.gov.uk before relying on a deadline.
What counts as “reasonably modern facilities”?
The original DHS definition (MHCLG 2006 guidance, updated periodically) flags a home as failing this criterion if it lacks three or more of: a kitchen less than 20 years old, a kitchen of adequate size and layout, a bathroom less than 30 years old, an appropriately located bathroom, adequate noise insulation, or adequate size and layout of common entrances in blocks of flats. The PRS version may relax or tighten these — read the current SI.
How is the Decent Homes Standard enforced in the PRS?
Enforcement is expected to follow the HHSRS route: local authority inspection, service of Improvement Notice or Prohibition Order, and civil penalties up to £30,000 per offence for non-compliance. The private landlord database (also introduced by the Renters’ Rights Act) will allow tenants to check a landlord’s enforcement history. Expect targeted enforcement in areas with existing selective licensing or additional HMO schemes.