While the anger at the timeline for enforcing the decent homes standard (DHS) in England might be expected, it is also arguable that enforcing decent home standards is not as difficult as campaigners make out (‘Absurd’: decent homes standard for England’s private renters will not be enforced until 2035, 28 January).
Local authorities already have powers and duties to deal with threats to health and safety in both the private rented sector and the social rented sector. The presence of a category 1 hazard would make the home non-decent and local authorities are already under a statutory duty to deal with these. Many of the factors in the revised DHS could give rise to category 2 hazards, which the authorities could also deal with. The issue is lack of enforcement by local authorities using the powers they have already under the Housing Act 2004.
One reason is lack of resources and properly trained environmental health practitioners. Another argument suggested by officers for inadequate enforcement is the complexity of the legal framework. The changes make the enforcement landscape more complex.
When the provisions on the DHS are brought in, enforcement will not just be a matter for the local authority – which will regulate private rented properties – but also the social housing regulator, which, thus far, has no experience of enforcement on housing conditions for social landlords. Will we then have two underresourced regulatory agencies?
Dr Stephen Battersby
Environmental health and housing consultant (retired)
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