Landlords could pay tenants up to two years’ rent for failing Decent Homes Standard as PBSA is exempt

In an unfair loophole, purpose-built student accommodation (PBSA) providers will be exempt from the Decent Homes Standard, whilst landlords will still have to follow the rules.

Housing Minister Matthew Pennycook has confirmed that the Renters’ Rights Bill will require PRS landlords to comply with the Decent Homes Standard.

If landlords fail to follow the rules, they could face fines of up to £40,000 and may even be required to pay tenants up to TWO years’ worth of rent.

The government says a consultation on the Decent Homes Standard for the private rented sector will happen as soon as possible and will set out the minimum requirements that all rented properties must meet.

Bill will exempt Purpose Built Student Accommodation

Responding to a question from Labour MP Uma Kumaran asking about the student enforcement mechanisms to hold landlords accountable for non-compliance with housing standards in the student sector.

Mr Pennycook says the government is committed to improving housing quality for students and the Decent Homes Standard (DHS) will ensure student properties are safe, secure and hazard free.

However, purpose-built student accommodation providers will be excluded from following the Decent Homes Standard.

Mr Pennycook said: “The Bill will exempt Purpose Built Student Accommodation (PBSA) from the assured tenancy system if the landlord is signed up to a government-approved code of management practice. Such accommodation will therefore not be subject to the DHS, but landlords will need to meet rigorous standards set by the codes which are tailored to the needs of PBSA.

“This includes maintaining the safety of the accommodation, ensuring the property is well-managed and making sure there is an effective working relationship between tenants and managers.

“Members of the codes must also have robust procedures in place for handling complaints and remedying issues raised by students. Failure to meet these standards will result in membership being terminated, meaning the property will then be subject to the DHS.”

Landlords will need to pay TWO years’ worth of rent if they fail to meet the DHS

Mr Pennycook also confirmed landlords could have to pay up to TWO years’ rent if they fail to meet the Decent Homes Standard.

He said: “Tenants (and local authorities, where any rent has been paid via Universal Credit) will also be able to take direct action if landlords fail to comply with the Decent Homes Standards.

“Tenants can pursue a rent repayment order, meaning the responsible landlord will need to pay the tenant (or local authority) up to two years’ rent.”