Energy and decency standards for rented homes: what the government decided in January 2026
What changed on : We corrected the section on the new council penalty, which already applies to category 1 hazards, and we now link the regulations that brought it in.
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acrenvo.com/guides/rented-homes-energy-and-decency-standards, last reviewed 18 October 2026
The government published two documents in January 2026. The first, on the energy standard, came out on 21 January 2026; the second, on the Decent Homes Standard, followed on 28 January 2026. Both set out what the government intends to do, and both say legislation is still to come. That is why every date in this guide is marked as policy, not yet law: it is a policy the government has announced, and it becomes a legal duty only once the regulations are made.
Tom is fictional. He lets two houses: a Victorian terrace in Bristol that he has owned for 12 years, and a newer semi in Newport that he bought in 2024. The Bristol house has draughty sash windows and an energy certificate that is getting old, and Tom has read enough headlines about tougher energy ratings and a new Decent Homes Standard to feel he ought to plan for both. What he wants to know is what the government has decided, which of his two houses each decision covers, and how much of it is already law.
Where each decision applies
The two decisions do not cover the same places, which matters for a landlord like Tom with a house on each side of the border.
- The energy standard for privately rented homes covers England and Wales, so it reaches both of Tom’s houses.
- The new Decent Homes Standard covers England only, so it reaches the Bristol house but not the one in Newport. This guide does not cover the housing standards that apply in Wales.
The energy standard for privately rented homes
The government’s response is titled Improving the energy performance of privately rented homes: government response. Its consultation page, Improving the energy performance of privately rented homes: 2025 update, sums up what was proposed: “The consultation set out proposals to raise the minimum energy efficiency standard required of privately rented homes in England and Wales to the equivalent of Energy Performance Certificate (EPC) C by 2030.”policy, not yet law
Among the decisions it lists is “introducing a single compliance date of 1 October 2030 for the new standard”policy, not yet law The response puts it plainly: “Private landlords of all tenancies will be required to comply with the higher standard by 1 October 2030.”policy, not yet law
Until then, the present rule stays in place. In the response’s words, “Landlords of privately rented homes will continue to be required to comply with the existing minimum standard of EPC E up until the point they are required to comply with the higher standard.” For Tom, that means the standard he works to today is still the existing EPC E minimum.
The response also gives credit to landlords who have already reached a C on the current rating. It says: “Properties that score C or higher against the Energy Efficiency Rating (EER) on existing EPCs before 1 October 2029 will be recognised as compliant with the higher standard until the EPC expires or is replaced.”policy, not yet law Tom’s Bristol certificate will expire at some point, so the date it was issued and the date it runs out are both worth keeping in his records.
The cap on what a landlord must spend
The consultation page lists “raising the cost-cap to £10,000 with a 10-year validity period for exemptions” among the decisions. The response explains how that cap would work: “Landlords will be required to invest up to £10,000 per property on relevant energy efficiency improvements to bring the property up to standard.” It goes on: “If the property does not meet the standard after £10,000 has been invested, the landlord may register the property for an exemption valid for 10 years and continue to let the property during this time.”
The cap is the most a landlord would have to put in before an exemption becomes possible, not an estimate of what any particular house will need. What Tom’s terrace would need depends on the house, and nothing in this guide can tell him that.
Short-term lets
If you let a property as a holiday or short-term let, the consultation page records this decision: “short-term lets will not be included within the scope of PRS MEES regulations, with more engagement required before any further consideration”
How the energy standard is meant to become law
The consultation page sets out the route: “Government will proceed with introducing new powers by Act of Parliament to implement the decisions set out in the government response, and will seek to lay a statutory instrument with the aim of it coming into force in 2027 to enable these updates to the PRS regulations.”policy, not yet law
When we searched legislation.gov.uk on 18 October 2026, no 2026 regulations had changed the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 to bring in the higher standard. Until they do, the dates above are the government’s plan rather than the law.
The new Decent Homes Standard in England
The second document is The New Decent Homes Standard: policy statement. It opens its description of the standard with this: “The new Decent Homes Standard (DHS) has been designed to ensure that all rented homes in England are decent, safe and warm.” It then says: “To be decent a home must meet the following 5 criteria:”
- A home must be free of the most dangerous hazards
- A home must be in a reasonable state of repair
- A home must provide core facilities and services
- A home must provide thermal comfort
- A home should be free of damp and mould
The first of those builds on the rating system councils already use to judge hazards. The statement says: “To meet this criterion, properties must be free of ‘category 1’ hazards, as assessed under the Housing Health and Safety Rating System (HHSRS).” The guide to the revised HHSRS explains how that rating works and what a council can do about a category 1 hazard today.
When the new standard is meant to apply
The statement gives the timing in one sentence: “The new DHS will apply from 2035 (MEES implementation dates are set out below and vary by tenure) to both the social and private rented sectors, at which point regulation and enforcement against these standards by the Regulator of Social Housing and local authority housing teams will begin.”policy, not yet law Among its next steps, the government says it will “bring forward the legislation and regulation to bring the new DHS into force within the SRS and PRS by 2035”policy, not yet law The SRS and PRS are the social and private rented sectors.
The statement is also clear that the long lead time is not a reason to wait: “However, we are clear that landlords should not delay all action until the end of the implementation period.” In practice, the duties Tom already has for his Bristol house carry on in the meantime. In the statement’s words, “While landlords will have until 2035 to bring their homes in line with new decency requirements, landlords will have to continue to meet their existing legal obligations to keep their homes in repair and fit for habitation.”policy, not yet law
A new penalty for category 1 hazards
The statement describes a new power for councils: “For serious failures, such as category 1 hazards, local authorities will also have a new power to issue immediate civil penalties of up to £7,000 if the landlord has failed to take reasonably practicable steps to address the issue.” On its timing, it says: “Subject to secondary legislation, our intention is for this new power to come into force ahead of the full DHS.”
For category 1 hazards, that has now happened. The Renters’ Rights Act 2025 (Commencement No. 3) Regulations 2026, made on 16 June 2026, brought the power into force on 22 June 2026 “for the purposes of financial penalties relating to category 1 hazards only”. So a council can already use it where a home has a category 1 hazard, and the guide to the revised HHSRS explains how. The regulations do not bring it in for the new standard’s other requirements. We checked this on legislation.gov.uk on 18 October 2026.
What Tom can take from this today
Neither document changes what Tom has to do this year. He keeps meeting the existing energy minimum on both houses, and he keeps the Bristol house in repair and fit to live in, as the law already requires. What the documents give him is a sense of direction: an energy standard the government wants in place across England and Wales, and a wider decency standard for England, both waiting for the laws that would bring them in.
The other changes to letting in England are explained in the Renters’ Rights Act guide for landlords, which also sets out which reforms have dates and which are still waiting for their rules. If either January 2026 decision becomes law, or a date moves, this guide will change to say so.
Questions landlords ask about the energy and decency standards
When will privately rented homes need to meet the higher energy standard?
The government's response says: “Private landlords of all tenancies will be required to comply with the higher standard by 1 October 2030.” That date is policy, not yet law, because the regulations that would set it have not yet been made. It covers privately rented homes in England and Wales.
What energy rating does a rented home need until then?
The government's response says: “Landlords of privately rented homes will continue to be required to comply with the existing minimum standard of EPC E up until the point they are required to comply with the higher standard.”
Does an EPC C I already have still count?
The response says: “Properties that score C or higher against the Energy Efficiency Rating (EER) on existing EPCs before 1 October 2029 will be recognised as compliant with the higher standard until the EPC expires or is replaced.” Those dates are policy, not yet law.
Is there a limit on what a landlord would have to spend?
The response says: “Landlords will be required to invest up to £10,000 per property on relevant energy efficiency improvements to bring the property up to standard.” It goes on: “If the property does not meet the standard after £10,000 has been invested, the landlord may register the property for an exemption valid for 10 years and continue to let the property during this time.” The cap is a maximum, not an estimate of what a particular home will need.
Does the energy standard cover holiday and short-term lets?
The consultation page records this decision: “short-term lets will not be included within the scope of PRS MEES regulations, with more engagement required before any further consideration”
When does the new Decent Homes Standard apply to private landlords?
The policy statement says: “The new DHS will apply from 2035 (MEES implementation dates are set out below and vary by tenure) to both the social and private rented sectors, at which point regulation and enforcement against these standards by the Regulator of Social Housing and local authority housing teams will begin.” That date is policy, not yet law. The standard covers rented homes in England.
Can a council already fine a landlord for a category 1 hazard?
The penalty the policy statement describes has been in force since 22 June 2026, when the commencement regulations (The Renters’ Rights Act 2025 (Commencement No. 3) Regulations 2026) brought it in “for the purposes of financial penalties relating to category 1 hazards only”. The guide to the revised HHSRS explains how councils use it.
Do my current repair duties wait until the new standard starts?
Your current duties carry on in the meantime. The policy statement says: “While landlords will have until 2035 to bring their homes in line with new decency requirements, landlords will have to continue to meet their existing legal obligations to keep their homes in repair and fit for habitation.” That date is policy, not yet law, while the existing duties apply now. The guide to the revised HHSRS explains how councils judge hazards today.
Letting rules in England
If you let property in England, these guides explain the rules on tenancies, rent and housing standards that apply there.
- The Renters' Rights Act for landlords: what applies now
- Section 21 after 31 July 2026: the transition has closed
- If the 31 May Information Sheet deadline was missed
- Rent increases after 1 May 2026: using Section 13
- Preparing for the Private Rented Sector database
- The revised HHSRS: what private landlords need to know
- What a landlord in England can charge a tenant: deposits, fees and penalties
- Awaab's Law for private landlords: what the consultation asks
Landlord checks and records in England
If you let property in England, these guides go through the safety checks, certificates, licences and deposit rules you need to keep up with, the records to keep for each and how the costs are treated for tax.
- Gas safety checks for landlords: costs, records and tax
- Electrical safety reports (EICR) for landlords: costs, records and tax
- Energy Performance Certificates for landlords: costs, records and tax
- Property licences for landlords: costs, records and tax
- Tenancy deposit protection for landlords: costs, records and tax
- Smoke and carbon monoxide alarms for landlords: records and tax
Sources
- GOV.UK: Improving the energy performance of privately rented homes: government response
- GOV.UK: Improving the energy performance of privately rented homes: 2025 update
- GOV.UK: The New Decent Homes Standard: policy statement
- Legislation.gov.uk: The Renters’ Rights Act 2025 (Commencement No. 3) Regulations 2026
This is general information, not legal advice. If a notice, possession claim or enforcement is involved, speak to a housing solicitor or qualified adviser.