Colin Wilkinson
By Colin Wilkinson, Trainee Solicitor, Consumer Claims at Legal Futures Associate Express Solicitors [1]
On September 20, 2023, the Social Housing (Regulations) Act 2023 introduced a new section 10A into the Landlord and Tenant Act 1985, implying a term into all social housing tenancy agreements, that social landlords will comply with all prescribed requirements within timeframes to be specified by regulations. This forms the framework for Awaab’s Law.
Why is Awaab’s Law necessary?
Awaab’s law was introduced following the tragic death of 2-year-old Awaab Ishak in December 2020. The inquest into Awaab’s death concluded that Awaab died due to a severe respiratory condition caused by prolonged mould exposure in his home that his family rented from Rochdale Boroughwide Housing. Senior Coroner, Ms Joanne Kearsley, described Awaab’s death as a ‘defining moment for the housing sector in terms of increasing knowledge, increasing awareness and a deepening of understanding surrounding the issue of damp and mould’.
Awaab’s harrowing death received widespread media coverage and highlighted the poor living conditions and injustice that social housing tenants can face. Awaab’s family, along with The Manchester Evening News and Shelter, campaigned for changes to the law to give social housing landlords to strict timeframes to address damp and mould problems, and to prevent similar tragedies from happening.
Awaab’s Law aims to improve the living conditions in social housing and to ensure that social landlords address hazards, such as damp and mould, promptly.
Statutory framework and implementation dates
The government has confirmed that Awaab’s Law will have a phased introduction, with the phase one coming into force on October 27, 2025.
From then, social landlords will have to:
- Investigate any potential significant hazards and damp and mould hazards within 10 working days of becoming aware of them
- Provide the tenant with a written summary of investigation findings within three working days of the conclusion of the investigation
- If the investigation identifies a significant hazard, undertake relevant safety work within five working days of the investigation
- If the investigation identifies a significant or emergency hazard, begin, or take steps to begin, any further required works within five working days of the investigation. If steps cannot be taken to begin work in five working days this must be done as soon as possible, and work must be physically started within 12 weeks
- Satisfactorily complete works within a reasonable time period
- If relevant safety work cannot be completed within specified timeframes, the social landlord must secure suitable alternative accommodation for the household, at the social landlord’s expense
- Keep the tenant updated throughout the process and provide information on how to keep safe.
From 2026, the regulations will be extended to include a wider range of hazards including:
- Excess cold and excess heat
- Falls associated with baths etc
- Structural collapse and explosions
- Fire and electrical hazards
- Domestic and personal hygiene and food safety.
From 2027, the regulations are expected to be extended to all the remaining hazards defined by the Housing Health and Safety Rating System (England) Regulations 2005 (HHSRS), excluding overcrowding, where they present a significant risk to harm.
Proposals to extend Awaab’s Law beyond social landlords
Currently, Awaab’s Law is initially focussed on social housing. However, the Government has announced proposals to extend Awaab’s Law beyond the social housing sector and into the private rented sector, and to temporary accommodation, through the Renters’ Rights Bill.
The introduction of Awaab’s Law represents a pivotal shift in the regulation of social housing. By mandating strict timeframes for landlords to address hazards like damp and mould, and with a phased expansion to cover a wider range of risks, Awaab’s Law aims to significantly improve living conditions within the social housing sector.