The Government recently consulted on updating the Decent Homes Standard (DHS), which currently applies to social housing and which will eventually apply to all forms of privately rented housing with the passage of the Renters’ Rights Act. The Government has suggested that the updated DHS will be in force for the private rented sector from either 2035 or 2037.
In this blog, our Policy Team outlines what the new DHS is likely to mean for homelessness services and how Homeless Link responded to the consultation.
Consultation on a reformed Decent Homes Standard
The Government’s consultation on a reformed Decent Homes Standard for social and privately rented homes closed last month.
The consultation sought views on updating the existing DHS, which currently applies to social housing, as well as on how the updated DHS should apply to the private rented sector in future, once the Renters’ Rights Act has taken effect.
Some significant proposals in the consultation included:
- Updating the definition of disrepair, shifting away from age requirements and toward the actual condition of facilities
- Introducing a new standard for damp and mould, and how this standard will interact with Awaab’s Law
- Allowing for some flexibility as to how the DHS is applied to Temporary Accommodation
- Possible timeframes for implementation.
The consultation is linked to several other regulatory changes that members should be aware of, such as changes to Minimum Energy Efficiency Standards (MEES) and a possible requirement for all social and private rented homes to reach EPC C or equivalent by 2030.
It is our understanding that the Renters’ Rights Act will eventually apply the Decent Homes Standard to all privately rented supported exempted accommodation housing (including that occupied both under tenancies and licences). The definition of ‘supported exempt accommodation’ for the purposes of this legislation is the same as in section 12 of the Supported Housing (Regulatory Oversight) Act 2023, so would include hostels.
Homeless Link’s response
In our response, we emphasised that residents of all tenures deserve to live in safe, functional, decent homes that meet their needs. We are extremely supportive of efforts to improve standards for tenants, modernise the DHS, and extend it to apply to all forms of rented accommodation.
However, we argued that whilst the Government has considered mitigations for Temporary Accommodation, they had not adequately considered how the DHS would apply to some types of supported accommodation and hostels, and that further mitigations and additional funding would be required.
For example, some services may be home to residents more likely to cause damage as a result of high support needs, impacting the landlord’s ability to maintain the property. Such services should not be penalised for the nature of the work they carry out and should be supported with those costs.
We asked that the Government give further consideration to how Criterion C (facilities and services) might apply to supported accommodation, particularly hostels. We flagged that in more communal settings there may be challenges in meeting specific requirements around the following:
- a kitchen with adequate space and layout
- adequate size and layout of common entrance areas for blocks of flats
- an appropriately located bathroom and WC
We recommended that the Government revise the DHS so that it takes specific consideration of how it will apply to supported accommodation and hostels, applying appropriate mitigations such as around the amount of communal space or size of common entrance areas. Supported accommodation services that struggle to meet these aspects of the DHS and are willing and able to improve should be supported to do so with guidance and funding.
We are clear that any additional costs to homelessness services as a result of the DHS, in the context of severe financial challenges and the impact of other forthcoming regulatory requirements such as the Supported Housing (Regulatory Oversight) Act, could result in widespread service reductions and closures. We called on the Government to provide funding to support services to comply with an increasingly robust regulatory landscape, including the new DHS.
You can read Homeless Link’s full response.
Next steps
Homelessness accommodation providers should be aware that in addition to the updated DHS applying to social tenancies, the passage of the Renters’ Rights Act and future implementation of the Supported Accommodation (Regulatory Oversight) Act will eventually newly apply the DHS to all privately rented housing, including all privately rented supported exempted accommodation housing (including that occupied both under tenancies and licences). The definition of ‘supported exempt accommodation’ is the same as in section 12 of the Supported Housing (Regulatory Oversight) Act 2023, so will include hostels.
The Government has suggested that the updated DHS will be in force for the private rented sector from either 2035 or 2037, although they have set out an expectation that landlords should commence works earlier wherever feasible, and are consulting on possibly phasing in elements of the DHS sooner than 2035.
Affected members should familiarise themselves with the current consultation proposals and keep an eye out for future updates on the detail of the new standard and the timings for implementation. Please contact Alex using the email address below if you have any specific concerns or queries about the impact of DHS requirements at this stage.
The Government are yet to formally respond to the DHS consultation and confirm future timelines. Homeless Link will keep you updated as and when we receive further information.
