The Grenfell tragedy is likely to influence a Decent Homes Standard review
This month’s housing green paper proposed revamping the Decent Homes Standard. Katie Saunders and Amanda Stubbs consider what a revised standard might look like.
Amanda Stubbs
Katie Saunders
Following the Hackitt review, it is unsurprising that the housing green paper published earlier this month considers whether a review of the standards set for social homes is needed.
The current standard for social housing is the Decent Homes Standard, which was revised in 2006 to reflect the Housing Health and Safety Rating System (HHSRS).
A decent home following the 2006 guidelines must meet the following four criteria:
- all the current statutory minimum standards for housing;
- it is in a reasonable state of repair;
- it has reasonably modern facilities and services; and
- it provides a reasonable degree of thermal comfort.
Over the last 20 years, social landlords have undertaken a significant programme of improvement works to ensure that their homes all meet the Decent Homes Standard, largely supported by government plus some external sources of funding.
However, meeting the current statutory minimum standard for housing is now likely to come under review, with particular reference to safety.
Calls for safety improvements
Long before the Grenfell Tower tragedy, there were calls for improvement in health and safety standards for certain types of housing, specifically that the provisions of the Landlord and Tenant Act 1985 (LTA 1985) and the Housing Act 2014, were not fit for purpose. Under the LTA 1985 the landlord of a qualifying dwelling is required to ensure that a dwelling is reasonably suitable for occupation. In addition, the HHSRS, which is referred to in the Decent Homes Standard, requires social homes to be free from hazards that pose a risk to residents.
The HHSRS has been widely criticised for its limitations, which include the fact that fitness obligations can only be enforced by the local authority and not by a tenant. Furthermore, where a local authority is a landlord it cannot take enforcement action against itself, which can leave council tenants at a relative disadvantage if hazards are not attended to in a timely manner. This was deemed to be one of the issues highlighted by the Grenfell Tower fire.
Another concern centres on determination of hazards under these regulations. It is currently based on how the hazards impact on the most vulnerable person who might be living in the dwelling, as opposed to the person actually living there. This approach effectively extends the protection for tenants but arguably increases the necessary obligations on landlords.
A solution floated in the Green Paper is to place obligations on landlords for installation of smoke alarms and carbon monoxide detectors and to ensure electrical systems are inspected every five years. This would mirror changes in legislation imposed on private sector rented homes. Indeed this has been the approach taken by the Welsh Government and reflects the recommendations of a live Private Member’s bill: The Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill.
Combustibles ban?
Other potential changes to the Decent Homes Standard could include bans on particular materials used in the construction of social housing, for example the types of cladding highlighted as ‘combustible‘ following testing in the wake of the Grenfell Tower disaster.
There is still a significant backlog of homes across the country that do not meet the current Decent Homes Standard. If the bar is raised to include additional safety measures with more guidance on fire safety, then the number of ‘affordable’ homes which fall into the category of ‘non- decent‘ will increase, and add to those which are currently rated as unfit for human habitation.
Therefore, any consultation on the Green Paper and review of the Decent Homes Standard is likely to include a bid from all social landlords for a return to government funding to meet the backlog and improve future social housing standards.
Katie Saunders and Amanda Stubbs are partners at Trowers & Hamlins.
