Private landlords whose properties aren’t up to scratch face a significant increase in pressure and threat when the Decent Home Standard kicks in.

The Renters’ Rights Bill gives it teeth, according to David Smith, property lawyer at JMW, who explains that the standard will put the rest of the sector in line with HMOs.

Currently, until a local authority officer makes an assessment, and orders work to be done, landlords aren’t required to do anything.

Local authority officer assessments

However, the Government wants to create an environment whereby an officer can turn up and immediately start penalising landlords as well as getting them to make improvements.

If a type 1 requirement (serious hazard) was found, they could potentially serve an enforcement notice and civil penalty of £7,000 because the landlord should already have been in compliance.

The tenant could also complain to the redress scheme.

“Some landlords might not be aware, some local housing authorities are over enthusiastic, but at other times landlords are laughably wrong about poor standards,” Smith said.

“The Government is intending you to self-certify and I would be very surprised if there wasn’t a growth in private sector HHSRS assessments - many landlords will and probably should get an independent assessment to satisfy that their property will meet the standard.”

HHSRS - the Housing Health and Safety Rating System - is used by local authorities in England and Wales to assess potential hazards in properties.

Smith explained that Awaab’s Law is set to apply based on who is living in a property - not the notional occupier - so landlords would have to take someone with health conditions living in their property into account.

While he believes private landlords would get longer than the seven days in which social landlords will be given to resolve issues, he warns that they can’t blame problems on damp and mould solely on tenant behaviour.

Ventilation, heating, and building structure issues all need to be considered first, Smith said. “

There can be a significant problem because people refit with double glazing and don’t ventilate - as part of your inspection you need to start thinking about ventilation, and if trickle vents work in every room.”

Smith was speaking as part of the Renters’ Rights Bill conference organised by Landlord Law.