Part 1 of the Housing Act 2004 provides for a system for assessing hazards in residential premises and for local housing authorities to take enforcement action in respect of properties containing hazards. Part 1 of this Schedule amends Part 1 of the 2004 Act to provide for enforcement of DHS requirements for private rented sector properties in England (those defined as "qualifying residential premises" in section 2B of the 2004 Act, inserted by section 100 of the Act). This integrates provisions for enforcement of Type 1 and Type 2 DHS requirements (those specified by regulations made under section 2A of the 2004 Act, inserted by section 100 of the Act) into the enforcement framework for hazards.
	The effect of the provisions in this Schedule will be to place a legally enforceable duty on landlords to ensure their properties meet the DHS. A breach of any element of the DHS can result in sanctions against the landlord – both a fine and enforcement action for the most serious breaches (a Category 1 hazard or the failure to meet a Type 1 DHS requirement) and enforcement action for other breaches (the failure to meet a Type 2 DHS requirement).
Example: Financial Penalty
A local housing authority inspects a privately rented home after receiving a complaint from the tenant. It identifies a Category 1 hazard in the property and determines that it would have been reasonably practicable for the landlord to have removed the hazard. The local housing authority can fine the landlord up to £7,000 in addition to taking enforcement action such as issuing an improvement notice or prohibition order.
Example: Failure to meet DHS requirement
A local housing authority inspects a privately rented home and identifies a failure to meet a Type 2 DHS requirement set out in regulations. The local housing authority will have a power to take enforcement action: it could issue an improvement notice requiring the landlord to remedy the failure within a specified time period, a prohibition order stopping the property from being occupied until the failure is remedied, or an awareness notice to make the landlord and tenants aware of the failure. If the local housing authority issues an improvement notice or prohibition order and the landlord fails to comply, they could be prosecuted or, in the case of an improvement notice, receive a fine as an alternative to prosecution. Fines of up to £30,000 can be imposed under the relevant provisions in the Housing Act 2004. The government intends to use secondary legislation to increase this to £40,000 to reflect inflation since this financial penalty was introduced and be consistent with the fines for similar offences in the Act.
Schedules Schedule 4: Decent homes standard Part 1: Amendments of Housing Act 2004 Background