This article explores the latest reform re-shaping the enforcement of housing standards in England, namely the Decent Homes Standard (DHS) and its introduction to the private rented sector (PRS). The recent MHCLG response to the Decent Homes Standard Consultation states that, by 2035, a new dual statutory hazard- and decency-led approach to enforcement will be established under Part 1 of the Housing Act 2004. A new DHS standard for the PRS, aligned with the social rented sector (SRS), will expand the enforcement options available under Part 1 of the Housing Act 2004 to being more than just Housing Health and Safety Rating System (HHSRS) led. The aim, under the new DHS, is to provide clarity on the requirements landlords must meet, including Minimum Energy Efficiency Standards (MEES), to reflect modern expectations of renters and to act as a common and proportionate standard for both PRS and SRS housing.

Introduction

Part 1 of the Housing Act 2004 introduced the HHSRS in 2005, a risk‑based method for assessing and enforcing against housing hazards; it remains the statutory test for ‘significant’ hazards in the home, with local authorities having a duty to act on Category 1 hazards and a discretionary power to act on Category 2 hazards (ODPM, 2006). Two decades on, the government has set out proposals for a DHS that applies to both the SRS and the PRS, identifying what a ‘decent’ home must provide in the future. The HHSRS itself has been reviewed, and the government, in its most recent DHS Policy Statement (January 2026), has confirmed that, following the review of the HHSRS, it will implement the recommendations in due course. However, the outcomes of the review will not change how a Category 1 hazard is defined, nor will they reform landlords’ responsibilities under Criterion A of the DHS, which currently applies to the SRS. 

The HHSRS is reinforced through the DHS’s Criterion A, where homes must be free of Category 1 hazards. Four further criteria cover state of repair, core facilities and safety (including window restrictors), thermal comfort and energy efficiency, and a new dedicated requirement that homes be free of damp and mould (Criterion E). The 2026 policy statement makes clear that the new DHS will apply to PRS as well as SRS, with enforcement commencing by 2035. The Building Research Establishment’s modelling for the updated English Housing Survey (EHS) dataset anticipates materially higher measured failure rates in the PRS under the new standard. It is expected that 48% of the PRS-based housing stock will fail the new DHS standard, increasing from 21% under the current DHS criteria. This figure is a conservative estimate, as the modelling doesn’t include items such as window restrictors, which are not currently recorded as part of the EHS, underscoring the scale of the uplift in standards required.

Hazard- and decency-led Housing Act 2004 Part 1 enforcement

From 2035, the PRS is expected to be brought within a dual‑regime regulatory framework comprising both the risk‑based HHSRS and the standards‑based DHS. Interventions under Part 1 of the Housing Act 2004 will continue to rely on the identification of category 1 or 2 hazards, thereby maintaining the existing hazard‑based enforcement triggers. By contrast, the DHS will operate as a distinct statutory standard, applicable to the PRS from its 2035 enforcement commencement date. From that point forward, a failure to meet one or more DHS criteria will constitute an enforceable breach in its own right, independent of any HHSRS hazard assessment. Local authorities will then be empowered to intervene where properties do not meet the DHS, requiring landlords to undertake systemic remediation to achieve full decency compliance. Prior to 2035, however, landlords in the PRS will not be subject to DHS‑based enforcement, and local authorities will not have the power to enforce DHS non‑compliance before the statutory commencement date.

It is proposed that enforcement will continue via the established Housing Act 2004 Part 1 enforcement options, including improvement notices, prohibition orders, emergency remedial action, and related powers, which remain the statutory tools for addressing breaches of housing standards. The measures do, however, expand the range of enforceable breaches by including the standards in criteria A to E, as well as by reference to HHSRS Category 1 hazards (A). The DHS will include updated disrepair thresholds (B), new safety and amenity requirements (C), integration of MEES into thermal comfort standards (D) and a new damp-and-mould criterion (E). The Regulator of Social Housing will continue to enforce the DHS in the SRS.

In the PRS, MEES will continue to be delivered through separate PRS‑specific regulations, and the new DHS will not be enforceable until 2035, when private landlords will, for the first time, be required to meet the broad DHS criteria. MEES breaches in the PRS will also remain subject to civil financial penalties applied by local authorities under the separate MEES enforcement framework. Local authorities already have the power to issue civil penalties for certain breaches of housing standards, and the introduction of the DHS expands the range of enforceable failures in the PRS. The Renters’ Rights Act also introduces higher civil penalty ceilings, raising the maximum from £30,000 to £40,000 for serious offences, while setting a new structured penalty tier (£7,000 for breaches) from 1 May 2026. 

In the SRS, MEES is being introduced as part of the broader DHS reforms, alongside the proposed requirement that all social homes reach EPC Band C by 2030, subject to a £10,000 spend per‑property cost cap and defined exemptions. Compliance in the SRS will be regulated through the consumer standards overseen by the Regulator of Social Housing, which focus on organisational compliance rather than landlord‑specific civil penalties.

The expanding enforcement powers under the Renters’ Rights Act

The Renters’ Rights Act 2025 (RRA), which underpins the extension of the DHS to the PRS, represents a significant reinforcement of local authority enforcement capacity. While the DHS reforms modernise the definition of non-decency, the RRA provides the practical enforcement infrastructure needed to secure compliance. The act introduces landmark changes to the PRS, most notably by ending Section 21 ‘no fault’ evictions and abolishing fixed-term tenancies.

In operational terms, the RRA enhances inspections, warrants, powers of entry and access to and seizure of records, allowing local authorities to investigate potential breaches of DHS and HHSRS hazards more comprehensively. The act also embeds a more assertive penalty regime. While penalty types such as civil penalties, rent repayment orders and banning orders originated in previous PRS regulatory frameworks (e.g. the Housing and Planning Act 2016), the RRA consolidates and aligns their use with the expanded DHS criteria A to E when applied to private landlords. 

Under this extended enforcement model, enforcement no longer depends solely on identifying category 1 or 2 hazards under the Housing Act 2004. Instead, the RRA combines the DHS–HHSRS regulatory framework and broadens the range of contraventions that can trigger enforcement action. For example, the introduction of updated DHS requirements relating to disrepair, modern facilities, thermal comfort/MEES compliance and a new mandatory damp-and-mould criterion further embeds the increased emphasis on the use of financial penalties and other non-judicial action for non-compliance. Local authorities, with expanded investigatory access and clearer statutory ‘standards’, are therefore arguably better positioned to escalate non-compliance to civil penalties, rent repayment orders or banning order referrals where necessary.

Awaab’s Law, damp and mould and the new Criterion E

Awaab’s Law introduces statutory timeframes in the social sector. Emergency hazards must be investigated and remediated within 24 hours; significant damp and mould growth hazards must be investigated within 10 working days; written updates must be provided within 3 working days; and relevant safety work must be completed within 5 working days (with further works started within 12 weeks where necessary). Although initially scoped to the SRS, the structure of Awaab’s Law is already informing expectations in PRS policy. The reasons here are twofold. Firstly, they provide greater clarification of expectations on responses provided through published guidance on both damp and mould for landlords and Awaab's law itself. Secondly, the timescales set within Awaab's law can be useful in informing what is reasonable time periods to allow for remedial action (e.g. on an improvement notice) under other pieces of legislation. In parallel, DHS Criterion E applies across the SRS and PRS from 2035, defining decency to include the complete (or significant) absence of damp and mould, and redefining low‑banded damp and mould (Band H) as the new requirement, broadly reflecting ‘average’ conditions for similar stock. 

In comparison, Wales’s equivalent to the DHS, the Welsh Housing Quality Standard 2023 (WHQS23), introduced a similar requirement to achieve HHSRS hazard-based national averages banding on numerous hazards, including damp and mould growth and falling on stairs and steps. Landlords are no longer required to report national average HHSRS scores for elements within the standard. Also, references to national average HHSRS scores will be removed in the next version of the standard, to be published in the summer of 2026. However, from 1 April 2026, the WHQS Addendum introduces the principles of Awabb’s Law into social housing regulation by requiring the SRS to respond to any hazards requiring investigation with complaint response timelines similar to those in England. All hazards (other than Crowding and Space) will be operational in Wales from 1 April 2026. In England there is a staged hazard-implementation approach, under which Awaab’s Law initially applies to all emergency hazards and significant damp and mould hazards from 27 October 2025, before being expanded in 2026 and 2027 to cover the further group of hazards, again excluding Crowding and Space. There are no published plans to introduce a similar system in Wales for the PRS.

Similarly, Scotland is moving in the same direction. The Scottish Government has confirmed that Awaab’s Law will be implemented across Scotland, initially through amendments to the Housing (Scotland) Bill and the forthcoming Investigation and Commencement of Repair (Scotland) Regulations 2026, which will impose legally enforceable timescales on landlords to investigate and begin repairs where damp, mould or other significant hazards are reported. These duties will apply to both social and private landlords, with the Scottish Government stating its intention to roll out these protections across all rented accommodation from October 2026, subject to parliamentary approval and supporting guidance.

Conclusion

The convergence of the HHSRS review, the reformed DHS, the expanded investigatory and penalty powers under the RRA and the procedural response requirements introduced through Awaab’s Law marks a profound evolution in England’s regulatory landscape. Local authorities will increasingly be required to adopt a dual-enforcement approach, combining risk‑based hazard assessments (HHSRS) with standards‑based decency assessments (DHS criteria A to E). This integrated model makes compliance not simply a matter of eliminating hazards but one of ensuring homes are fundamentally safe, dry, warm and fit for modern living.

Crucially, the government’s policy direction positions 2035 not as a ‘switch‑on’ date but as an ‘achieve‑by’ deadline, a message that places the onus firmly on organisational preparedness across the sector. For local authorities, this means integrating hazard scoring with decency assessments as standard practice. For landlords, it means making strategic investment, adapting early and building the capability to self‑manage compliance. Sector-wide, it means modernising systems, retraining housing practitioners and other professionals, and embedding digital tools that support transparency, accountability and evidence‑led decision‑making. 

If you would like to speak to us about how we can help with those transitions and preparations, please contact a member of our team, who will be happy to offer our insights, services and support. Additionally, RHE Global’s platforms such as RIAMS and The Housing App and our  Training and Consultancy services can all provide local authorities and landlords with assistance in meeting those challenges, raising housing standards and delivering safe, decent homes for tenants.

References

MHCLG (2026) The New Decent Homes Standard: Policy Statement, 28 January 2026. 

MHCLG (2026) EHS Briefing: Modelling a New Decent Homes Standard, 28 January 2026. 

MHCLG (2026) Decent Homes Standard: Final Impact Assessment, 28 January 2026. 

MHCLG (2026) Consultation on a reformed Decent Homes Standard for social and privately rented homes: Government Response, 28 January 2026. 

MHCLG (2006) Housing Health and Safety Rating System (HHSRS) Operating Guidance, February 2006. 

MHCLG (2025) Awaab’s Law: Guidance for Social Landlords – Timeframes for repairs in the social rented sector, updated 27 October 2025. 

Welsh Government (2026) WHQS Addendum: Responding to Hazards (effective 1 April 2026). 

Welsh Government (2026b) Written Statement: WHQS – Responding to Hazards, 19 December 2025. 

Welsh Government (2026c) Welsh Housing Quality Standard 2023 – Guidance (updated 14 January 2026). 

Public Spaces Protection Orders (PSPOs) were introduced to give local authorities real power to tackle persistent anti-social behaviour. On paper, they are a strong and flexible tool.

In reality, I have seen too many fail to deliver.

After working with PSPOs for many years, one pattern appears again and again. Significant time, effort and public money goes into evidence gathering, consultation and drafting. Expectations are raised. Communities are promised change.

Then enforcement begins… and problems start to appear.

Too often, prohibitions are drafted without fully considering how they will be applied on the ground. Officers are left interpreting restrictions that are vague, difficult to evidence or simply unworkable in real-life situations.

Put simply — many PSPOs become toothless tigers.

Another challenge is public expectation. Launch communications often suggest PSPOs will dramatically reduce anti-social behaviour. However, the public are rarely given a clear understanding of how enforcement actually works. When breaches don’t result in immediate or visible action, confidence quickly drops.

In my experience, the biggest factor that determines whether a PSPO succeeds or struggles is enforcement training.

I have seen training delivered as a basic briefing that leaves officers unsure how to apply powers confidently. I have seen training delivered months before implementation, meaning knowledge fades. I have also seen training delivered far too late, after inconsistent practices have already developed.

Effective PSPO enforcement requires far more than understanding the wording of the order. Officers need confidence in applying legislation, gathering evidence, exercising discretion, managing conflict and working within clear organisational processes.

From experience, the most effective training is delivered shortly before implementation — usually within a few weeks of launch — with ongoing support available during the early stages of enforcement when real operational challenges emerge.

The reality is simple. A PSPO is only as strong as the people enforcing it.

Local authorities invest enormous time and resources creating these orders. That work continues through mandatory review and consultation periods. When implementation is weak, authorities risk repeating the entire process without delivering meaningful results.

A well-designed PSPO deserves strong operational delivery.

At RHE Global, we support local authorities by delivering bespoke PSPO training designed around real enforcement challenges. Our focus is on equipping officers and managers with the knowledge, confidence and practical skills needed to make PSPOs work in the real world.

If you are introducing a PSPO — or if you have one that is not delivering the results you expected — early preparation can make all the difference.

If you want your PSPO to succeed, now is the time to act, for an informal chat please contact us at training@rheglobal.com

Our next Understanding and Enforcing Public Spaces Protection Orders training course will be taking place online, on 10 and 11 March 2026. Ideal for those looking to improve their understanding of public spaces protection orders (PSPOs) and enhance their ability to manage public spaces effectively.

Find out more here.

Are you ready to lead and influence environmental health practice at a national level?  

RIAMS Libraries is expanding into Scotland, and we are looking for an outstanding environmental health professional to lead this next phase of growth.  

This is a rare opportunity to play an influential role in shaping how we support environmental health delivery across Scottish local authorities.  

About RIAMS Libraries  

Designed and delivered by RHE Global, our regulatory information and management service (RIAMS) is the UK’s leading subscription platform for environmental health. Firmly established in England, Wales and Northern Ireland, and widely trusted and relied upon by local authorities, RIAMS supports practitioners in working smarter, sharing best practice and delivering robust, consistent and defensible enforcement.  

RIAMS provides a comprehensive, practical and accessible digital library of procedures, notice templates, letters and forms and guidance covering all environmental health specialisms. As we expand into Scotland, our ambition is clear: to support local authority practitioners across the whole of the UK with high-quality, practitioner-led resources that reflect frontline practice.  

The role 

As RIAMS Editor for Scotland, you will lead the development of RIAMS Scottish content and act as RHE Global’s professional lead for environmental health practice within Scotland.  

Working closely with the RIAMS Chief Editor, you will:

• Identify and prioritise the development of Scottish-specific procedures, templates and guidance  

• Build and oversee a comprehensive environmental health library aligned to Scottish legislation, policy and practice  

• Respond to the evolving needs of current and future customers.  

RIAMS Libraries is structured by environmental health specialisms, each subdivided into specific subject areas. You will collaborate with subject-matter specialists, manage a pool of authors and reviewers and oversee the publication and review of Scottish content.  

You do not need to be an expert in every environmental health discipline, but you must have a strong and broad professional overview and sound judgement.  

Essential skills 

We are looking for an experienced environmental health professional who can demonstrate:  

• Practical, hands-on understanding of inspection, enforcement and regulatory functions  

• A current and comprehensive knowledge of environmental health legislation and guidance, together with the ability to apply it confidently  

• Excellent written communication skills, with experience of producing clear and robust procedures, policies and guidance  

• Strong experience of local authority environmental health functions  

• Excellent interpersonal and communication skills, with the ability to engage, support and coordinate authors and reviewers  

• Confidence explaining the value of RIAMS to environmental health teams and senior officers in local authorities.  

Interested?  

If you are passionate about environmental health in Scotland and this position excites you, we would love to hear from you. Please email info@rheglobal.com for further information and to arrange an informal discussion. 

Low-level and inconsistent sentences for housing-related offences are often cited by local authorities as being a contributing factor to the relatively low number of prosecutions. 

The Sentencing Council, an arms-length organisation for the judiciary that promotes transparency and consistency and issues guidelines that the courts in England and Wales must follow when passing a sentence, has, for many years, received requests and representations from various stakeholders within the private rented sector (PRS) to produce guidance for housing offences. With the enactment of the Renters’ Rights Act and its forthcoming implementation, the council has decided that now is the right time and is looking to develop and issue sentencing guidelines for this area. 

The Sentencing Council is currently consulting the public on a proposed new package of guidelines to be issued in relation to housing offences, in particular, two guidelines relating to nine offences of unlawful eviction and unlawful harassment of tenants and four guidelines covering offences related to houses in multiple occupation (HMOs) and other housing standards offences. 

The consultation is seeking views on a number of the proposals, including:

• The factors set out as relevant for the levels of culpability and harm

• The ranges and starting points for sentencing/fine levels for individuals and for organisations by offence severity (as set out in the matrix of culpability and harm)

• The mitigating and aggravating factors to be taken into account

• The guidance on obtaining financial information

• Brief guidelines to cover a breach of an overcrowding notice.

You may ask why prosecution numbers matter if local authorities can just turn to civil penalties to address the issue. It really boils down to deterrence, the severity of an offence and public benefit. While financial penalties have been strengthened and expanded under the Renter’s Rights Act, they remain capped, whether at £40,000 for repeat and more serious offences or £7,000 for initial or minor non-compliance. However, for many of these offences, there is the option of taking a prosecution instead, which, if convicted, would incur an unlimited level of fine. Equally, local authorities can publicise prosecution cases; this cannot be done with financial penalties to the same degree, and so has a public benefit in increasing awareness. As such, in each case, a decision needs to be made on which option to go with, as the use of one precludes the other. Whether to take a prosecution or issue a civil penalty should ultimately be based on what is most appropriate for the case, not on an automatic default or a perception that it is the easier option.

The Sentencing Council acknowledges the need for such a considered decision; the intention is that the new guidelines will not only increase the consistency of sentences and levels of fines but also help local authorities differentiate when a financial penalty or prosecution approach is most suitable. The consultation sets out that the proposed guidelines operate independently of the civil enforcement regimes currently within the housing regulatory sector, but that they would still support the overall enforcement framework and assist local authorities and the courts in understanding their options for tackling housing offences.

The consultation is currently open and runs until 9 April 2026.