Paragraph 2 amends section 1 of the Housing Act 2004 to specify that Decent Homes Standard (DHS) requirements only apply to unoccupied HMO accommodation if such accommodation is occupied by persons who form a single household, is either let under a relevant tenancy or is supported exempt accommodation, and is not social housing let by a registered provider of social housing.
	Paragraph 3 amends section 4 of the Housing Act 2004 to expand the existing provision for inspecting residential premises for hazards to also cover inspections for DHS requirements. This requires local housing authorities, if they consider it appropriate, to inspect qualifying residential premises in their areas to assess whether they meet DHS requirements. Paragraph 3 also amends the 2004 Act to allow regulations made by the Secretary of State about the inspection of residential premises to also cover how to assess compliance with DHS requirements.
	Paragraph 4 amends section 5 of the Housing Act 2004 by extending the existing duty on local housing authorities to take enforcement action in respect of Category 1 hazards to also cover failures to meet Type 1 DHS requirements.
	Paragraph 6 inserts section 6A into the Housing Act 2004 to make provision for a new financial penalty of up to £7,000 that local housing authorities can issue to landlords if a Category 1 hazard or a failure to meet a Type 1 DHS requirement is present in qualifying residential premises. The penalty can be issued if the local housing authority considers that it would have been reasonably practicable for the landlord to secure the removal of the hazard or the meeting of the requirement. This financial penalty can be issued in addition to enforcement action taken by a local housing authority to discharge their duty under section 5 of the Housing Act 2004. This paragraph also gives the Secretary of State power to make regulations amending the maximum penalty level to reflect inflation.
	Paragraph 7 amends section 7 of the Housing Act 2004 by extending the existing local housing authority power to take enforcement action in respect of Category 2 hazards to also cover failures of Type 2 DHS requirements.
	Paragraph 9 amends the power in section 9 of the Housing Act 2004 that allows the Secretary of State to issue guidance to local housing authorities to provide for this guidance to cover assessment of compliance with DHS requirements and imposition of financial penalties, as well as inspection of premises, assessment of hazards, and enforcement under Chapter 1 of Part 1 of the Housing Act 2004. Local housing authorities must have regard to any such guidance.
	Paragraphs 10 to 31 amend Chapters 2 and 3 of the Housing Act 2004 to allow existing enforcement tools for hazards and the associated offences to also apply to failures to meet DHS requirements in qualifying residential premises:
							Paragraphs 11 to 15 amend the provisions in the Housing Act 2004 for serving improvement notices for Category 1 and Category 2 hazards to enable these to also be served for failures to meet Type 1 and Type 2 DHS requirements respectively. An improvement notice is a notice requiring the person on whom it is served to undertake remedial action in relation to hazards or failures to meet DHS requirements within a specified timescale. Paragraph 15 amends section 19 of the Housing Act 2004 to provide for situations where a person upon whom an improvement notice for a DHS failure is served ceases to hold the relevant interest (or fall within the relevant description) that qualified them for service in the first place. If a landlord served with an improvement notice does not retain their interest in the property – for example, if they have sold it – the person who has taken on their interest will become liable instead.
							Paragraphs 16 to 19 amend the provisions in the Housing Act 2004 for serving prohibition orders for Category 1 and Category 2 hazards to enable these to also be served for failures to meet Type 1 and Type 2 DHS requirements respectively. A prohibition order can prohibit or set restrictions on the use of premises, including dwellings, HMOs, buildings containing flats or temporary accommodation for the homeless, or the external common parts of such buildings.
							Paragraphs 20 to 22 amend the provisions in the Housing Act 2004 for serving awareness notices for Category 1 and Category 2 hazards to enable these to also be served for failures to meet Type 1 and Type 2 DHS requirements respectively. Awareness notices advise the person on whom they are served that a hazard or failure to meet a DHS requirement exists in the premises concerned. The Schedule amends the Housing Act 2004 to change the name "hazard awareness notice" to "awareness notice".
							Paragraphs 21 and 22 insert provisions into the 2004 Act to specify that such notices issued in respect of residential premises in Wales are still to be known as "hazard awareness notices".
							Paragraphs 23 and 24 amend the offences of failing to comply with an improvement notice and failing to comply with a prohibition order in the Housing Act 2004. As a result of the amendments in this Schedule, these offences can apply to failures to meet DHS requirements, as well as hazards.
							Paragraphs 26 to 29 amend the Housing Act 2004 to allow local housing authorities to use types of emergency measures available for Category 1 hazards (emergency remedial action and emergency prohibition orders) for failures to meet Type 1 DHS requirements.
	Paragraph 33 amends section 250 of the Housing Act 2004 to provide that regulations made under sections 2A and 2B of that Act (inserted by section 100 of the Act) to specify DHS requirements and change the meaning of "relevant tenancy" can apply to tenancies or licences entered into before the date on which these regulations come into force.
	Paragraph 34 inserts Schedule A1 into the Housing Act 2004 to set out the following procedures in respect of financial penalties issued under section 6A (inserted by paragraph 6 of this Schedule):
							Paragraphs 1 and 2 of Schedule A1 impose a requirement that a local housing authority, before imposing a financial penalty on a person under section 6A, must issue a notice of intent within six months of having sufficient evidence. Paragraph 3 lists the information the notice must contain, including the amount of the proposed penalty and information about the person’s right to make representations.
							Paragraph 4 of Schedule A1 provides that a person who is given a notice of intent has the right to make written representations about it to the local housing authority within 28 days.
							Paragraphs 5, 6, 7 and 8 of Schedule A1 provide for what happens after the end of the period in which the person can make written representations. The local housing authority must decide whether to issue a penalty and the amount. If they decide to issue a penalty, they must give the person a final notice. This must set out information including the reasons for imposing the penalty, how to pay the penalty, information about rights of appeal and the consequences of failure to comply with the notice.
							Paragraph 9 of Schedule A1 provides for a local housing authority to withdraw a notice of intent or a final notice, or to reduce the amount. This must be communicated to the person in writing.
							Paragraph 10 of Schedule A1 sets out the appeals process for a person who has been issued with a final notice. They may appeal to the Tribunal within 28 days of being given the final notice. The Tribunal can confirm, vary, or cancel the fine. Varying the fine means the Tribunal can either reduce the fine or increase it up to the statutory maximum fine as stipulated in subparagraph (6). If a person appeals, the final notice is suspended until the appeal is determined, withdrawn or abandoned. The appeal may take into account additional evidence of which the enforcement authority was unaware.
							Paragraph 11 of Schedule A1 details the processes local housing authorities should follow to recover unpaid penalties. Should a person fail to pay a penalty, the local housing authority can recover it under a county court order. In county court proceedings, a signed certificate by the chief finance officer of the local housing authority confirming the amount has not been paid is conclusive evidence of that fact.
							Paragraphs 12, 13 and 14 of Schedule A1 provide that local housing authorities may use the proceeds of financial penalties towards costs and expenses associated with carrying out enforcement functions relating to the private rented sector.
	Paragraph 35 inserts Paragraph A1 into Schedule 1 of the Housing Act 2004 to specify who will be served with improvement notices and awareness notices in relation to failures to meet DHS requirements. Paragraph A1 specifies that, for properties let under a relevant tenancy, such notices must generally be served on the landlord who has an agreement with the tenant(s) of the property but provides flexibility for local housing authorities to serve notices on superior landlords or licence holders in certain circumstances. Subparagraph (4) of Paragraph A1 specifies who must be served with enforcement notices for supported housing where Subparagraph (3) does not apply. Paragraph 35 also inserts Paragraph B1 to specify who must be served with enforcement notices in respect of both hazards and failures to meet DHS requirements for temporary homelessness accommodation.
	Paragraph 36 amends Schedule 2 of the Housing Act 2004 to require local housing authorities, for qualifying residential premises let under a relevant tenancy, to serve copies of prohibition orders on any person who is a landlord or superior landlord in relation to the tenancy. Paragraph 36 also inserts provisions to specify that prohibition orders in respect of hazards must be served on landlords of temporary homelessness accommodation, if not covered by other provisions in Schedule 2.
	Paragraph 37 amends Schedule 3 of the Housing Act 2004 to allow local housing authorities to undertake works to remedy DHS failures and recover costs if a landlord has failed to comply with an improvement notice.
Schedules Schedule 4: Decent homes standard Part 1: Amendments of Housing Act 2004 Effect