Awaab’s Law: What does it mean for registered social housing providers?
What is the aim of Awaab’s law (AL) and why was it enacted?
Awaab’s Law is the haunting name given to the new Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.
This law was enacted following the tragic death of toddler Awaab Ishak from a severe respiratory condition caused by prolonged exposure to toxic mould. Awaab’s parents had complained repeatedly to their social housing provider, but no action was taken.
Awaab's Law provides a framework for providers of social housing to respond to reports of hazards in the home and provide stronger protection to tenants. It will create a legal backstop if a social landlord is failing to carry out repairs promptly.
The obligations will be implied into all social housing tenancies, which means that landlords will have a contractual obligation to comply. It is the first time that damp and mould have been recognised under specific regulation to control the issues, and they are now recognised as the same urgency as fire or asbestos.
Which type of leases does Awaab's Law apply to?
AL applies to all social housing let by a registered provider, unless the lease excludes the repairing obligation in Section 11 Landlord and Tenant Act 1985.
It covers temporary and supported accommodation under a tenancy, but does not apply to licence agreements, long leases or owner occupied accommodation, including shared ownership.
What are the protections and obligations under Awaab's Law?
- Investigation and repair - Landlords must respond swiftly and take prompt action to resolve reported issues, identifying the cause and implementing solutions.
- Timing – Hazards must be investigated within the fixed period after the issue has been reported.
- Response – A written summary must be given within 3 working days, setting out the findings and the works that will be done
- Works – If a significant health hazard is found, works must begin within 5 working days, with emergencies to be completed within 24 hours, and all other works completed reasonably quickly.
- Updates – The tenant must be kept updated and given information on how to stay safe.
- Alternative accommodation – This must be offered at the expense of the landlord if the above cannot be met.
- Decent living standards – The landlord must ensure that homes do not contain serious hazards, with regular checks and maintenance to prevent issues.
- Hazards – The list of hazards will be implemented in stages, starting with damp and mould.
- Qualifications – Senior housing staff must have or be working towards housing management qualifications
- Records – Landlords must keep clear and thorough records of all reports, inspections, and maintenance.
- Sanctions – If a landlord breaches these requirements, the tenant will be able to take legal action and/or report it to the Ombudsman.
- Aim - A clearer route to ensure that landlords adhere to their obligations, with the ability to pursue redress if they fail to do so.
- Reporting - Tenants must report any issues, providing detailed information.
- Working together – Tenants must co-operate by allowing access and following advice given by the landlord to manage the home.
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What repairs are covered by Awaab's Law?
The repair must be:
- To a building (or part) for which the landlord is responsible
- An issue that the landlord can remediate
- Not due to the conduct of the tenant
- Due to a defect, disrepair or lack of maintenance
- A significant or emergency hazard
The problem must be due to a deficiency in the property, and can include issues such as insulation; broken windows; and general lack of maintenance, eg deteriorating damp proofing. The underlying cause should not be assumed, and the landlord should investigate to determine whether the issue falls under AL.
When does Awaab's Law come into force?
AL comes into force on 27 October 2025. All emergency hazards and damp and mould that presents a significant risk of harm must be resolved on a fixed timeframe from this date.
In 2026, AL will be extended to include other significant hazards, including hot/cold temperatures;
structural collapse; fire and electrical hazards; falls; domestic hygiene; and food safety.
In 2027, any remaining hazards as defined by the Housing Health and Safety Rating System will be introduced where they present a significant risk of harm (excluding overcrowding).
Whenever the landlord becomes aware of a potential hazard, the obligations under AL are triggered. Awareness can stem from a tenant report, landlord inspection, or third party notification.
What are the different levels of hazard?
- "Emergency hazard” (“EH”) poses ‘an imminent and significant risk of harm’ to health or safety. This in turn is defined as ‘a risk of harm to the occupier’s health or safety that a reasonable social landlord with the relevant knowledge would take steps to make safe within 24 hours’
- “Significant Hazard” (“SH”) - This poses a ‘significant risk of harm’ to health and safety. It is defined as ‘risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe as a matter of urgency’
- "Must” – Absolute requirement
- “Should” - Good practice that will support compliance
- "May” - Best practice, which landlords are encouraged to follow
What are the procedures to respond to the different hazards?
The policy stipulates different approaches to the different hazards:
The first step is for the tenant to report the hazard to the landlord to determine whether it is classified as EH or SH.
For a potential EH, eg a gas leak, the landlord must investigate within 24 hours. If confirmed, the landlord must complete all works and make the property safe within 24 hours. If this is not possible, suitable alternative accommodation must be offered until the works are complete. Following investigation, a written summary must be provided to the tenant within 3 working days. Once the EH is resolved, there is no requirement to provide alternative accommodation.
If a potential SH is discovered, the landlord must investigate within 10 working days. If the SH is confirmed, the landlord must provide a written summary within 3 working days. Any required works must be undertaken within 5 working days. Suitable alternative accommodation must be provided if the property cannot be made safe until the SH has been resolved.
The suitable alternative accommodation must include those who live at the property as permitted by the lease, including children who stay at least one night a week.
Is there a defence under Awaab's Law?
If landlords have taken reasonable steps but been unable to comply for reasons beyond their control, this may be a defence. Examples include being unable to source the relevant materials or workmen in time, or being denied access.
Conclusions
Damp and mould can be complex issues with multiple causes, and can be very difficult to eradicate once they have set into a property. AL will mean that landlords have to take these steps, even where the root cause is the use of the property by the tenant, eg not maintaining warm temperatures or venting steam properly.
Awaab's Law will also be applied subsequently to private landlords. This will also be relevant to local authorities, who will have the power to inspect and enforce against these landlords, but who may also see housing stock in the area reduced as a consequence of the costs of compliance.
It is therefore critical for all local authorities to be aware of the timeframes and obligations under AL to ensure compliance with the law and avoid enforcement action. Prudent actions taken now, such as carrying out audits of higher risk older properties, installing ventilation systems, discussions with tenants, training staff and agents, and keeping careful records, could prevent serious issues in the future.
If you have any questions regarding the contents of this legal article please get in touch with Jill Carey or Megan Rowe.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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