Awaab's Law
Awaab’s Law
In a written statement, the Secretary of State for Housing, Communities and Local Government has announced the timescales for the implementation of Awaab’s Law – i.e when the specific regulations will take effect.
For social housing, this is:
- October 2025 for damp and mould hazards. Also all emergency repairs to be addressed within 24 hours from this point.
At some point in 2026, the requirements will apply to a “wider range of hazards” including “excess cold and excess heat; falls; structural collapse; fire, electrical and explosions; and hygiene hazards.”
At some point in 2027, the requirements will apply to all HHSRS hazards (save for overcrowding).
For the private sector, once the Renters Rights’ Bill is passed, extending Awaab’s Law to the private sector, there is to be a consultation on the implementation of that, including timescale.
The Govt’s consultation response on the specifics of Awaab’s Law – the timescale within which works are to be commenced, etc. will be released soon.
It will (eventually) apply to all HHSRS hazards apart from overcrowding.
What is Awaab’s Law?
In December 2020, Awaab Ishak sadly passed away just after his second birthday. The coroner stated this young boy “died as a result of a severe respiratory condition due to prolonged exposure to mould in his home environment. Action to treat and prevent the mould, was not taken.”
Since then, Awaab’s family, alongside Shelter, have campaigned for the creation of ‘Awaab’s Law’. This new piece of legislation, currently making its way through parliament, states social housing landlords must:
Investigate hazards within 14-calendar days.
Provide a written report of the investigation.
The written report must be provided within the aforementioned 14-day timeframe, including details of the hazard, next steps and a clear timeframe for the work needed to fix the hazard.
Begin repair works in 7-calendar days if the hazard could post a significant risk to health or safety of the tenants. Defining significant risk to health will NOT require a doctor’s note, as part of government policy attempting to reduce NHS waiting times. Hazards can be defined as ‘significant’ through guidelines set out by the government, which considers issues such as severity of the problem alongside age and vulnerability of the tenants.
Complete repair work within a ‘reasonable time period’. The registered provider must satisfactorily complete repair works, within a ‘reasonable timeframe’ using the Landlord and Tenant Act 1985.
Emergency repairs must be completed within 24 hours. Social Housing landlords should begin emergency repairs as soon as possible, but in all cases within 24 hours.
Social housing landlord must offer alternative accommodation if repairs cannot be completed. In cases where emergency repairs are needed for hazards posing an imminent or significant risk to tenants, and they cannot complete repairs in the timeframes stated above, suitable accommodation must be found for the tenants.
Social Housing landlords will be expected to keep a clear record of correspondence with residents and contractors. This includes all correspondence with residents regarding the issue, and any correspondence with contractors.