Part 2
Property standards and compliance
2.1
The Decent Homes Standard in the Private Rented Sector (PRS)
The government is extending the Decent Homes Standard (DHS) to the Private Rented Sector (PRS). This brings in a set of minimum housing quality requirements previously applied to social housing. This is a major regulatory shift, making it a legal requirement for private landlords to ensure their properties meet a clear benchmark for safety, repair, and thermal comfort.
2.1.1
The four key categories of compliance
To be deemed "decent," a property must satisfy four criteria, which essentially translate to four key categories of landlord responsibility:
2.1.1.1
Free from serious hazards
Requirement - The property must be free from any category 1 hazards under the Housing Health and Safety Rating System (HHSRS).
Practical focus - This is the most critical safety element. It covers everything from fire safety (e.g. alarms, clear escape routes), electrical safety (e.g. EICRs), gas safety, and structural stability to the elimination of severe damp and mould.
2.1.1.2
State of repair
Requirement - The dwelling must be in a reasonable state of repair.
Practical focus - All major components must be in good order and not suffering from significant disrepair. This includes the structure (e.g. roof, walls, foundations) and external components (e.g. windows, doors) as well as internal key elements (e.g. central heating systems, plumbing). Landlords must adopt a proactive maintenance approach to prevent small issues from becoming major defects.
2.1.1.3
Facilities and services
Requirement - The property must have reasonably modern facilities and services.
Practical focus - This relates primarily to the kitchen and bathroom. Although the exact legal definitions are being finalised, properties will likely fail if:
They lack an appropriately located bathroom and WC.
The kitchen is exceptionally old (e.g. over 20 years) and/or has an inadequate layout/space for essential activities.
There is inadequate external noise insulation (e.g. single glazing in a high traffic area). See our Property Lookup for UK property noise levels.
2.1.1.4
Thermal comfort and energy efficiency
Requirement - The property must provide a reasonable degree of thermal comfort.
Practical focus - The home must have an effective and efficient heating system (e.g. programmable central heating) and adequate insulation (e.g. loft and cavity wall insulation) to keep the home warm at a reasonable cost. This criterion aligns with wider energy efficiency targets like achieving an EPC rating of C.
2.1.2
Practical Steps for landlords to ensure compliance
Compliance with the DHS is not a singular task. It requires a documented, continuous maintenance strategy. Small landlords can manage this by taking the following practical steps:
Conduct a DHS property audit - Walk through your property with a checklist and honestly assess each of the four categories. Prioritise fixing any potential category 1 hazards immediately.
Proactive repair budgeting - Instead of waiting for a breakdown, set aside a fund for component replacement (e.g. boilers typically need replacing after 10–15 years, kitchens/bathrooms after 20–30 years). Proactive replacement prevents emergency calls and disrepair complaints.
Focus on ventilation and damp - Damp and mould are major HHSRS hazards. Install or upgrade extractor fans in kitchens and bathrooms to humidity-controlled models. Ensure all windows have working trickle vents. Address the cause of damp (e.g. leaking gutters, failed damp-proof course), not just the visible mould.
Boost thermal comfort - Review your Energy Performance Certificate (EPC) to identify simple, cost-effective improvements. The most common are topping up loft insulation and installing radiator thermostatic valves (TRVs) to improve heating efficiency. See our EPC improvement calculator.
Maintain excellent documentation - Keep detailed records of everything including safety certificates, invoices for all repairs and upgrades, and documented responses to all tenant reports. This evidence is vital to defend against enforcement action or a court claim. You can upload this into the Document feature of August.
2.2
Awaab's Law, damp, mould and repair timelines
Awaab's Law is a critical new legal requirement, being extended to the Private Rented Sector (PRS), which imposes strict, fixed deadlines on landlords for investigating and fixing serious health hazards like damp and mould. Named in memory of two year old Awaab Ishak, who died from a respiratory condition caused by prolonged exposure to mould, the law makes a landlord's swift and effective response to such hazards a matter of legal duty.
While the law's initial phase applies specifically to social housing, the Renters' Rights Act includes powers to extend similar, legally binding requirements and short timescales to private landlords, requiring all in the PRS to prepare immediately.
2.2.1
The core repair and response protocols
Awaab's Law introduces a two-track system based on the severity of the reported issue. The clock starts the moment the landlord becomes aware of a potential hazard from any source (e.g. tenant report, inspection, third party).
2.2.1.1
Emergency hazards with imminent risk
This category covers hazards that pose an imminent and significant risk of harm to the tenant's health or safety.
Action
Deadline
Investigate and make safe
Within 24 hours of awareness
Alternative accommodation
Must be offered immediately if the property cannot be made safe within 24 hours at the landlord's expense.
Written summary
Provide a written summary of findings and next steps within 3 working days of the investigation concluding.
2.2.1.2
Significant hazards
This category covers hazards like significant damp and mould that pose a serious, but not immediate, risk of harm.
Action
Deadline
Initial Investigation
Within 10 working days of awareness.
Written summary to tenant
Provide a written summary of findings and the required action within 3 working days of the investigation concluding.
Complete safety work
Complete all work to make the property safe within 5 working days of the investigation concluding. This might include professional mould wash or temporary measures.
Start prevention works
Begin or take steps to begin supplementary, preventative work to fix the root cause within 5 working days of the investigation concluding.
Final works deadline
Prevention works must physically start no later than 12 weeks from the investigation concluding.
2.2.2
Actionable guide to avoid legal breaches
The legal consequences of breaching these timelines include enforcement orders, fines, compensation payouts to the tenant, and potential prosecution. For PRS landlords, a proactive, documented approach is essential:
2.2.2.1
Overhaul the reporting system
Establish clear channels - Ensure tenants know exactly how to report a repair 24/7, this might be via phone, email, online portal or app.
Immediate triage - Immediately categorise every report into "Emergency," "Significant," or "Standard" to determine the correct timeline. When in doubt, treat it as an Emergency.
Day 0 documentation - Implement a system where the exact date and time of initial awareness is logged. This is the moment the legal clock starts.
2.2.2.2
Proactive investigation and action
Qualified contractors - Engage and brief contractors (e.g. surveyors, damp specialists) on the strict Awaab's Law timelines. They must understand the urgency of a 24-hour response for emergencies and 10 day limit for investigations.
Look beyond the surface - Never dismiss damp and mould as merely a "tenant lifestyle" issue. The law requires the landlord to fix the underlying building cause to prevent recurrence (e.g. leaking pipe, defective roof, lack of adequate ventilation or insulation).
Focus on 'making safe' - The 5-day deadline for significant hazards requires safety works (e.g. professional, safe removal of surface mould). This may be a temporary measure to eliminate the immediate health risk while long-term works are planned for the 12 week start window. This might include installing better ventilation or insulation.
2.2.3
Documentation is your defence
Maintain an audit trail - Record every single step of the process, including the date the report was received, the date the inspection was booked, the investigation findings, the written summary sent to the tenant, the date safety work was completed, and the reason for any delays.
Communicate clearly - The 3 working day written summary is a legal requirement. It must clearly state whether a hazard was found, what will be done, and the estimated timeline. Keep the tenant informed if works are delayed.
2.3
The rights to request a pet and managing 'unreasonable refusal'
The Renters' Rights Act fundamentally changes the relationship between tenants and pets, giving tenants in the Private Rented Sector (PRS) a statutory "right to request a pet." Landlords can no longer enforce blanket "no pets" clauses and must now consider every written request on a case-by-case basis.
The core obligations for landlords are:
Response deadline - The landlord must respond to a written pet request within 28 days.
Reasonable refusal - Refusal must be based on a reasonable, justifiable, and evidence-based reason.
Failure to meet the 28 day deadline or refusal without reasonable grounds may be considered a breach, which the tenant can challenge through the Private Rented Sector Ombudsman or the courts.
2.3.1
Navigating "reasonable" vs. "unreasonable" refusal
The legislation requires landlords to provide sound justification for any refusal. While government guidance will provide more detail, a decision is generally assessed based on the specific property, the pet, and the landlord's superior legal duties.
Category
Constitutes reasonable refusal (justifiable)
Constitutes unreasonable refusal (unjustified)
Superior agreements
The landlord is legally bound by a head lease or a freeholder's restriction that explicitly prohibits pets in the building/development.
A blanket "no pets" policy in the landlord's own standard tenancy agreement.
Property suitability
The property is demonstrably unsuitable for the specific pet (e.g. a large, energetic dog in a small, top floor flat with no accessible outdoor space).
Refusing a small, caged pet in a large property, or refusing a cat simply because the landlord dislikes cats.
Health and safety
Allowing the pet would pose a significant risk to health or safety, such as in shared/HMO accommodation where other tenants have documented severe allergies or phobias.
General or minor allergy concerns, or fears of potential damage without specific evidence.
Insurance
The pet is a prohibited breed under the landlord's insurance policy, and suitable, affordable alternative cover cannot be found.
Refusal based on a historic, non-specific belief that "pets always cause damage."
Note: A landlord has full discretion to refuse a tenancy application from a prospective tenant who already owns a pet. The "right to request" only applies once a tenancy is in place.
2.3.2
The 28 day response limit
The time limit for response is legally binding and is triggered the moment the landlord receives the written request (Day 0).
The default - The landlord must respond, granting or refusing consent, within 28 calendar days.
The consequence - If the landlord fails to respond within the 28-day limit, consent for the pet is considered to be automatically granted.
Seeking further information - If the landlord requires additional information (e.g. vaccination records, breed details, proof of insurance) they can request it within the initial 28 days. The decision deadline is then extended, typically for seven days after receiving the requested information.
Leasehold extensions - If the landlord must seek permission from a superior landlord (e.g. freeholder), they must do so within the initial 28 days. The landlord's response deadline to the tenant is then extended until 7 days after receiving a final decision from the superior landlord.
2.3.3
Using the pet damage provision effectively
The Renters' Rights Act ensures that the landlord has a financial remedy for pet damage by amending the Tenant Fees Act 2019 to allow landlords to ask a tenant to secure protection against damage.
Landlords who consent to a pet can now condition that consent on the tenant either:
Maintaining pet damage insurance - Requiring the tenant to take out and maintain a specialist pet damage insurance policy for the duration of the tenancy.
Paying for landlord's insurance - Requiring the tenant to cover the reasonable cost of the landlord maintaining insurance that covers pet damage.
Actionable steps for landlords:
Review your insurance policy - Check your existing landlord insurance. Many standard policies do not cover damage or enhanced wear and tear caused by a tenant's pet.
Source pet damage cover - Investigate specific pet damage cover options available in the market. This policy acts as a vital financial safeguard, as the security deposit is capped at five weeks' rent, which often is insufficient to cover severe pet damage.
Formalise the condition - When granting permission for the pet, make the requirement for pet damage insurance a clear, formal, and written condition of consent.
2.4
The Private Rented Sector (PRS) Database with mandatory registration
The Renters' Rights Act introduces a mandatory national landlord and property portal called the Private Rented Sector (PRS) Database in England. This is designed to increase transparency, centralise compliance information, and empower local authorities to enforce standards against non-compliant landlords.
2.4.1
The who and what for mandatory registration
The new system requires all landlords in England to register themselves and every property they let out or intend to let out to be recorded.
Who must register - Every private landlord in England, including those who self-manage properties. If a property is owned by a company, the company must register.
What must be registered - Every private rental property must be listed. The registration is expected to require:
Landlord's identity and contact details.
Property address and type.
Details of the letting agent, if one has been used.
Compliance documents (e.g. Energy Performance Certificate (EPC), Gas Safety Certificate, and Electrical Installation Condition Report (EICR)).
Confirmation of membership in the new mandatory Private Rented Sector (PRS) Ombudsman Scheme.
The database will assign a unique identifier to each registered property, which may need to be included in property advertisements.
2.4.2
Rollout and prohibition on unregistered properties
The rollout of the database will be phased via secondary legislation, following the Renters' Rights Act receiving Royal Assent. The exact commencement date is yet to be confirmed by the government, but the sector is being urged to prepare for a likely launch date in the future.
Once the portal is operational, key prohibitions will apply:
Prohibition on marketing - It will be illegal to market or advertise a rental property that is not registered on the portal.
Prohibition on letting - It will be illegal to let a property that is not registered.
Landlords will need to ensure their registration status is "active." An inactive entry will prevent the property from being lawfully marketed or let.
2.4.3
Fines and consequences for non-compliance
The legislation grants local authorities robust new powers to penalise landlords and agents who fail to register or update their details.
Non-compliance action
Consequences and fines (civil penalties)
Other enforcement action
Failure to register a landlord or property on the Private Rented Sector (PRS) Database Portal
Civil penalties are expected to start around £7,000 for a first offence.
Inability to use Section 8 (possession grounds) to evict a tenant.
Serious or repeated breaches
Fines can escalate up to £40,000 per offence.
Rent Repayment Orders (RROs) requiring the landlord to repay rent to the tenant for the period the property was unlawfully let.
Providing false/misleading information
Potential civil penalty and may be designated as a criminal offence.
Inclusion on the publicly accessible 'Rogue Landlord' section of the database.
Letting agents advertising an unregistered property
Agents can face similar civil penalties up to £40,000 for serious or repeated breaches on behalf of an unregistered landlord.
Possible criminal prosecution for serious violations.
The ultimate goal of the database is to prevent non-compliant landlords from legally operating in the Private Rented Sector.
2.5
Joining the Landlord Ombudsman and redress scheme obligations
The introduction of a single, independent Private Rented Sector Ombudsman Service is a cornerstone of the new housing legislation (e.g. the Renters' Rights Act in England), designed to level the playing field for tenants and ensure greater accountability from all landlords. This scheme provides a free, fair, and accessible route for tenants to resolve disputes, preventing them from escalating to costly and time consuming court action.
2.5.1
The mandatory requirement for landlords
The new legislation makes membership of the approved Ombudsman scheme a legal requirement for all private landlords in England.
Who must join - All private landlords of assured or regulated tenancies in England must join the approved PRS Ombudsman service.
No exception for agents - This obligation applies to the landlord directly, even if they use a letting or managing agent. The tenant can complain to the Landlord Ombudsman about landlord failings (e.g. maintenance issues) or to the agent's existing redress scheme about agent failings.
The link to registration - The requirement to join the Ombudsman is explicitly linked to the mandatory registration of properties on the new Private Rented Sector (PRS) Database. A landlord cannot legally let a property without being registered on both.
Fees - Landlords are required to pay a "small annual fee per property" to fund the Ombudsman service.
2.5.2
The complaint process for tenants
The process is designed to be user-friendly, providing a free, impartial route to resolve issues.
Step
Action
Detail
1. Internal complaint
Complain to the landlord first
The tenant must first raise the issue with the landlord or agent and allow them reasonable time to resolve it internally. Typically as per the landlord's written complaints procedure.
2. Escalation
Refer to the PRS Ombudsman
If the landlord does not respond, or the tenant is dissatisfied with the final resolution, they can escalate the complaint to the Ombudsman for free.
3. Resolution
Impartial Investigation
The Ombudsman service will investigate the complaint and provide a fair, impartial determination to both parties.
Scope of complaints covered
The Ombudsman can investigate a broad range of issues concerning the actions, inactions, or behaviour of the landlord that have caused the tenant harm or inconvenience. This includes:
Property condition and repairs - Failure to address maintenance issues, meet the Decent Homes Standard, or adhere to timescales under Awaab's Law.
Landlord conduct - Communication issues, general mismanagement, or unfair treatment.
Unfair practices - Disputes around the unreasonable refusal of a tenant's request to keep a pet.
Eviction threats - Potentially covering retaliatory or unfair eviction attempts linked to a tenant raising a complaint.
2.5.3
The Ombudsman's binding powers and sanctions
The decisions issued by the PRS Ombudsman are legally binding on the landlord, ensuring the resolution is enforced.
Binding remedial powers
The Ombudsman has the power to compel the landlord to take specific action, including:
Take remedial action - Ordering the landlord to carry out specific repairs or maintenance work by a fixed date.
Issue apologies - Requiring a formal apology or explanation to the tenant.
Provide information - Compelling the landlord to share relevant documentation or information.
Pay compensation - Awarding financial compensation to the tenant for distress, inconvenience, or financial loss caused by the landlord's failings.
Penalties for non-compliance
Failure to join the scheme or comply with a binding decision carries severe sanctions:
Type of failure
Penalty and consequence
Failure to join
Local authorities can issue civil penalties in the form of fines, potentially up to £40,000 for continuing or repeated breaches.
Restrictions on eviction
Landlords who are not registered members may be ineligible to serve a valid possession notice, except for certain anti-social behaviour grounds.
Persistent failure
Tenants can pursue a Rent Repayment Order (RRO) for up to two years' rent if the landlord persistently fails to join the service.
