This article is for general information only and does not constitute legal advice.
On 28 January 2026, the government published its policy statement confirming that a new Decent Homes Standard (DHS) will apply to both social and private rented homes in England from 2035. Until now, the DHS has only applied to social housing. Extending it to the private rented sector (PRS) is one of the largest regulatory changes landlords will face in the next decade.
According to government data cited by Inventory Base, over one in five PRS homes currently fail the existing standard. If remediation continues at its current pace, 726,000 private rented homes will still be non-decent by 2035.
The five criteria
To meet the new Decent Homes Standard, a property must satisfy five criteria:
1. Free from serious hazards. The property must be free of category 1 hazards under the Housing Health and Safety Rating System (HHSRS). This criterion is unchanged from existing law. Private landlords already have this obligation under the Homes (Fitness for Human Habitation) Act 2018, but enforcement has been inconsistent.
2. Reasonable state of repair. Key building components (roof, external walls, windows, doors, electrics, plumbing, heating, kitchen, bathroom) must be in a reasonable condition. The new standard removes age as a consideration, so a 1920s terraced house is assessed on condition, not age. If one key component or two or more secondary components need repair, the property fails this criterion.
3. Adequate modern facilities. Flats must provide at least three of the following: a kitchen with adequate space and layout, an appropriately located bathroom and WC, adequate external noise insulation, and adequate size and layout of common entrance areas.
4. Thermal comfort. The primary heating system must heat the whole home through a distribution system (gas central heating, underfloor heating, or equivalent). The system must be programmable by the tenant. Single-room heaters without a distribution system will not meet this criterion.
5. Free from serious damp and mould. This is a new criterion added to the updated standard. Properties with persistent damp or mould issues will fail. The government has signalled that Awaab's Law (currently applying to social housing, setting specific time limits for landlords to address serious hazards) will be extended to the PRS in a future consultation.
Timeline
The new DHS applies from 2035. The government deliberately set a long implementation period to allow landlords time to absorb other regulatory changes (the Renters' Rights Act, Making Tax Digital, EPC upgrades) before the DHS takes full effect.
According to The Independent Landlord, the DHS forms part of Phase 3 of the Renters' Rights Act rollout. Phase 1 (tenancy reform, Section 21 abolition) took effect on 1 May 2026. Phase 2 (PRS database, ombudsman service) rolls out from late 2026 to 2028. Phase 3 (Decent Homes Standard) follows.
Despite the 2035 deadline, the government's policy statement is clear that landlords should not wait. Proactive investment in repairs, insulation, and heating systems now spreads costs and avoids a rush of remediation work closer to the deadline.
EPC requirements (MEES)
The Minimum Energy Efficiency Standard (MEES) forms part of the DHS for both social and private rented homes. The current legal minimum for the PRS is EPC E. Under the new standard:
EPC C required for new tenancies by 1 October 2030. EPC C required for all existing tenancies by a later date (to be confirmed). A cost cap of £10,000 per property applies.
The average cost to upgrade a property from EPC D to EPC C is around £5,000, according to industry estimates cited by Goodlord. Properties with solid walls, no loft space, or inefficient heating systems will cost more. For a detailed breakdown of current EPC rules, see our EPC requirements guide.
Enforcement
Enforcement for the PRS will be carried out by local authority housing teams, not the Regulator of Social Housing (which handles social landlords).
Under the Renters' Rights Act 2025, the maximum civil penalty for housing offences rose from £30,000 to £40,000 from 1 May 2026. A new £7,000 fine applies if a landlord has not taken practical steps to address a category 1 hazard after a council request.
Local authorities already have powers to inspect properties, issue improvement notices, and prosecute landlords under the Housing Act 2004. The DHS provides a clearer framework for what "decent" means, making enforcement decisions more consistent across councils.
What landlords should do now
Commission a condition survey if you have not had one in the past five years. Identify any category 1 hazards (which you are already legally required to address). Budget for EPC C upgrades, particularly if your property is rated D or below. Address damp and mould proactively rather than waiting for complaints. Keep records of all repairs, inspections, and maintenance, including dates and costs.
Landlords who already take a proactive approach to maintenance will find that most of their properties already meet the DHS criteria. The standard is designed to raise the floor, not penalise those who manage properties well.
Sources
- GOV.UK, "The new Decent Homes Standard: policy statement". https://www.gov.uk/government/consultations/consultation-on-a-reformed-decent-homes-standard-for-social-and-privately-rented-homes/outcome/the-new-decent-homes-standard-policy-statement [Accessed 6 May 2026]
- The Independent Landlord, "New Decent Homes Standard for private landlords". https://theindependentlandlord.com/dhs/ [Accessed 6 May 2026]
- Goodlord, "Decent Homes Standard 2026: why prepare now?". https://blog.goodlord.co/what-is-the-decent-homes-standard [Accessed 6 May 2026]