The Rentersʼ Rights Bill has been described by Deputy Prime Minister Angela Raynor as “a wave of bold action” to ensure that all homes are “decent, safe and warm”. The legislation promises to reform the private rental sector PRS) and will introduce the Decent Homes Standard DHS, long applied in the social housing sector. The government has pledged to reduce nondecent housing by 2030.
According to the English Housing Survey 2022 to 2023 published in July 2024, some 3.5million households in England failed to meet the DHS, with some 2.1million homes living with at least one Category 1 hazard and about 1million households living with damp. Private renters are said to be the highest percentage within each category.
The DHS is designed to ensure that properties meet minimum standards of health, safety and decency. It will also give local authorities new enforcement powers to require landlords to bring properties up to standard, with fines of up to £30,000, banning orders and tenants will be able to claim up to 24 months back rent as opposed to the 12 months that can currently be claimed.
The definition of ‘decent homeʼ is reflected in the Housing Health and Safety Rating System HHSRS) which is a risk-based assessment tool designed to assist local authorities in determining potential risk. There are some 29 Category 1 hazards set out in Schedule 1 of the Housing Health and Safety Rating System England) Regulations 2005 and include mould, damp, asbestos, certain chemicals treatments, carbon monoxide, lead, lack of security, overcrowding, inadequate lighting and heat, noise, lack of personal hygiene, sanitation and drainage, fall hazards (i.e. stairs must be safe, secure, in sound condition, free of defects and projections, well maintained), water supply, fire, electrical hazards and structural issues.
The obligation on landlords to meet certain standards and to comply with statutory duties is not new. Since March 2019 landlords were required to comply with the Homes Fitness for Human Habitation) Act 2018. This itself is derived from section 9A of the Landlord and Tenant Act 1985 which imposes a statutory duty on landlords to ensure that the property is free from disrepair, damp and mould, water or sanitation problems and health and safety hazards. Further the HMO licensing regulations require compliance with statutory standards (determined in accordance with the HHSRS) in relation to mandatory HMO licensing as well as additional and selective licencing schemes.
The question remains that of compliance and enforcement against defaulting landlords, which is what the Rentersʼ Rights Bill seeks to address, although many remain sceptical as to how this is to be achieved in an already overburdened legal system and the absence of guidance as to how the government proposes to fund this.
Awaabʼs Law, which came about following the tragic death of a toddler from excessive mould in his social housing property, imposes a strict timeframe for dealing with damp and mould once reported, but this is not the only category 1 hazard that many are asking the government to address. Richard Blakeway, the Housing Ombudsman, advocates awareness of other ‘toxicʼ materials, crucially lead, which is currently going undetected in the housing market. He argues that lead should be treated as seriously as other hazards such as asbestos, mould and damp.
Lead is classed as a pollutant along with asbestos and radon gas. Whilst lead paint and pipes were banned completely in 1978, given the age of UK properties, it is thought that millions of houses in the UK still have antiquated lead pipes systems, lead paint and lead flashing which poses a serious health risk. Richard Blakely and others like him are advocating that the government should look at other hazards whilst the Rentersʼ Rights Bill is still being debated in Parliament. He would like to see a survey of properties to determine the presence of lead in the same way as say the asbestos regulations 2012 imposed obligations on landlords in respect of common parts and public areas.
Lead pipes are being replaced both by the water authority and by landlords. Lead paintwork usually only becomes an issue if interfered with. It can be managed but this requires regular inspections, and the risk is where the paintwork is in a poor condition, or it becomes damaged. In those circumstances, it is best removed, and landlords need to take proper care in doing so and comply with current legislation.
A prudent landlord, as part of any maintenance scheme, will take steps to investigate the existence of hazards and will act accordingly and promptly to avoid enforcement action by the local authority or more crucially a claim by a tenant for breach of contract, nuisance and negligence. None of this is new but the Renters Rights Bill has highlighted the measures being imposed and the risks to landlords who ignore complaints.
Author: Lara Nyman, partner at Seddons