Almost 900,000 people live in poor housing conditions despite the fact that everyone has a right to live in a decent home.
Government has at last recognised this fact and a consultation has been published concerning the introduction and enforcement of a Decent Homes Standard for the private rented sector in England.
The consultation, launched on 2 September 2022, acknowledges that more than a fifth of the 4.4 million households renting privately live in unsatisfactory housing conditions and sets out proposals for improvements.
The list of how poor conditions affect renters and impact the country as a whole includes:
• Quality homes with little or no insulation tend to increase energy bills, which adds to the pressures low-income renters face in light of the cost of living crisis we currently face as a nation
• Unsuitable conditions in homes are having a knock-on effect on the NHS, as more and more vulnerable people are falling ill due to damp, mouldy and cold homes with inadequate heating. The conditions are causing respiratory issues in older people, as well as asthma and infections in younger children and adults
• Furthermore, poor conditions in the home impact and will continue to impact local housing authorities by causing a further rise in homelessness.
To combat the above, the Department for Levelling Up Housing and Communities is consulting on a Decent Homes Standard plan for the rented sector. This would mean that landlords are legally bound to ensure their property meets a reasonable standard.
It states that:
• All tenants should have access to a good, quality and safe home
• No-one should pay rent to live in a substandard, or even dangerous, property
• Standards in the private rented sector should go beyond safety (and, might I add, this is an expectation that already exists in the social rented sector)
• Landlords should have a clear benchmark for standards in the properties that they let
Proposed standards for the private rented sector
In a nutshell, a decent home in the private rental sector will have to show:
a. It meets the current statutory minimum standard for housing
b. It is in a reasonable state of repair
c. It has reasonable facilities and services
d. It provides a reasonable degree of thermal comfort
The white paper aims to halve the number of non-decent rented homes by 2030, and for the first time, privately rented homes will be required to meet the Decent Homes Standard. Moreover, government seeks to accelerate quality improvements in areas that require it most.
This consultation will run for six weeks, closing on Friday, October 14. It will be interesting to see how things progress thereafter.
If you are currently experiencing poor conditions in your home and your landlord has not taken reasonable action to carry out repairs, please get in touch with our expert housing team to discuss how best we can assist you.
Our expert housing team is ranked in both the prestigious legal directories, The legal 500 and Chambers, and can guide you in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership, repairs and more. The department regularly represents clients in the courts, ensuring they receive the highest quality assistance throughout their case. The can also advise on whether your case could attract public funding (legal aid).
About the author: Retha Khan is a trainee solicitor in the housing department at Duncan Lewis Solicitors, based at the Head Office in the City of London. She has wide-ranging experience in housing law, and has assisted numerous clients in relation to homelessness, disrepair and possession claims. Contact her for advice via email at RethaK@duncanlewis.com or telephone on 020 3114 1147.
Retha works under the supervision of respected housing director Manjinder Kaur Atwal, who is ranked and recommended in the most recent editions of both Chambers and The Legal 500 legal directories.