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Original article from Landlord Vision - The Renters Rights Bill Update Part 3
Its are very timely to discuss two of the items which are included at this time of year in this Bill to further protect tenants. Both relate to the control of unacceptable property conditions.
Both these pieces of legislation are already in place for social housing and have now been included in the Renters Reform Bill for the private rented sector.
Following the coroner’s report into Awaab Ishak’s death, the government announced plans to make major changes to the law on damp and mould. These changes are due to be introduced through the Social Housing (Regulation) Act, with other regulations already planned for the private rented sector.
The Social Housing (Regulation) Act received royal assent in July 2023. After the coroner’s report was published, the Department of Levelling Up, Housing and Communities (DLUHC) announced in February 2023 that new measures on damp and mould would be included in the bill. This will be known as ‘Awaab’s law’.
More information about how this works in Social Housing is here
Social housing regulation – what, why and when – Shelter England
Awaab’s Law will now be included in the Renters Rights Bill so that the same level of maintenance will be expected in private rentals as is expected in social housing in relation to Damp and Mould because the death of Awaab Ishak was caused by the damp mouldy social home that he was living in.
At this time of the year my face book group is full of posts from both landlords and tenants about the levels of damp and mould in properties and each blames the other for the cause.
I wrote an article which included how to prevent/reduce this issue last February and the same advice stands.
Advice for Landlords on Dealing with Utility Increases – Landlord insider
“Government to consult on a new Decent Homes Standard for the rented sectors
Awaab’s Law legislation for the social rented sector will be brought forward, and protections will be extended to private rented sector through Renters Rights Bill
The government will consult on a new Decent Homes Standard for the rented sectors.
The consultation, which will launch as soon as possible, will look to ensure safe, secure housing is the standard people can expect in both social housing and private rented properties.
The government will also bring forward legislation for Awaab’s Law in the social rented sector, so hazards such as damp and mould must be investigated and remedied to set timescales. Implementing this legislation for social housing and extending protections to the private rented sector will support tenants to secure faster repairs, reducing health and safety risks.”
Measures to ensure decent homes for all – GOV.UK
The actual standards are currently under review but the original standards as they apply to social housing at the moment were last updated in 2006 here
A Decent Home: Definition and guidance for implementation
“Housing Health and Safety Rating System
2.19 The Housing Health and Safety Rating System (HHSRS) came into effect on 6 April 2006 and replaces the fitness standard as the statutory element of the Decent Home Standard. However, HHSRS is a risk assessment procedure and does not set a standard.
2.20 To be decent, a dwelling should be free of category 1 hazards, and the existence of such hazards should be a trigger for remedial action unless practical steps cannot be taken without disproportionate expense or disruption. Landlords should consider the circumstances very carefully in the interests of the occupiers of the dwelling before concluding that a hazard cannot be dealt with effectively, and in such cases should ensure that the occupiers are fully aware of the position.”
Summary of the standards which will apply once the Renters Rights Bill becomes law. We have probably got 6 months to bring our properties to these standards OR decide that it makes no economic sense and remove them from the rental market but it is not an option to do nothing if we own a property which does not meet the definition of a Decent Home under the regulations
I will list a few items as guidance because many landlords are concerned that we will be made to upgrade our buildings to a level which is uneconomic and in fact that is only going to be the case the case where a property is of a very poor standard:
“The definition of what is a decent home has been updated to reflect the Housing Health and Safety Rating System (HHSRS) which replaced the Housing Fitness Standard on 6 April 2006. (see link above)
A decent home meets the following criteria:
a) It meets the current statutory minimum standard for housing Dwellings which fail to meet this criterion are those containing one or more hazards assessed as serious (‘Category 1’) under the HHSRS.
b) It is in a reasonable state of repair Dwellings which fail to meet this criterion are those where either: one or more of the key building components are old and, because of their condition, need replacing or major repair; or two or more of the other building components are old and, because of their condition, need replacing or major repair.
c) It has reasonably modern facilities and services Dwellings which fail to meet this criterion are those which lack three or more of the following:
Housing Act 2004, Part 1. Statutory Guidance has been given to local authorities under section 9 the HHSRS Operating Guidance and Enforcement Guidance– and is available at www.communities.gov.uk/hhsrs
A Decent Home: Definition and guidance for implementation
A home lacking two or fewer of the above is still classed as decent, therefore it is not necessary to modernise kitchens and bathrooms if a home meets the remaining criteria.
a.It provides a reasonable degree of thermal comfort This criterion requires dwellings to have both effective insulation and efficient heating.
b: It is in a reasonable state of repair A dwelling satisfies this criterion unless: one or more key building components are old and, because of their condition need replacing or major repair; A building component can only fail to satisfy this criterion by being old and requiring replacing or repair. A component cannot fail this criterion based on age alone.
Building components are the structural parts of a dwelling (e.g. wall structure, roof structure), other external elements (e.g. roof covering, chimneys) and internal services and amenities (e.g. kitchens, heating systems). A full list of building components is given in Annex A of this guidance” Link above
Key building components are those which, if in poor condition, could have an immediate impact on the integrity of the building and cause further deterioration in other components. If any of these components are old and need replacing, or require immediate major repair, then the dwelling is not in a reasonable state of repair and remedial action is required. Other building components are those that have a less immediate impact on the integrity of the dwelling. Their combined effect is therefore considered, with a dwelling not in a reasonable state of repair if two or more are old and need replacing or require immediate major repair.
A component is defined as ‘old’ if it is older than its standard lifetime. Components are in poor condition if they need major work, either full replacement or major repair. A building component which requires replacing before it reaches its expected lifetime has failed early. Under the terms of the definition, this early failure does not render the dwelling non-decent but should be dealt with by the landlord, typically on a responsive basis.”
I used to believe that there were very few privately rented properties which were not of “decent homes standard” but unfortunately reading tenants posts in my Facebook group has shown me that where a property doesn’t meet the standard it misses by a mile and it doesn’t need minor repairs but often very major works. For those of us who do let properties of a good standard its difficult to imagine but this is the reason for the extra legislation and, as always happens, with new legislation the innocent are made to jump through hoops because of those landlords who have failed to provide homes fit to live in.
2025 is going to be a very interesting year for those of us who hope to remain in the business and I will continue to keep you up to date with important changes
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