Posted by Daniel Brito, managing director of Legal Futures Associate National Claims
Brito: Changing expectations
The introduction of Awaab’s Law marked one of the most significant shifts in social housing regulation in a generation.
Following the tragic death of two-year-old Awaab Ishak, public scrutiny of housing standards intensified, forcing policymakers, regulators and housing providers to confront longstanding concerns around damp, mould and tenant safety.
For many tenants, the legislation represented a long-overdue acknowledgement that housing disrepair is not simply a maintenance issue. It is a matter of health, dignity and accountability.
However, the conversation is now moving beyond damp and mould alone. With the rollout of phase 2 of Awaab’s Law, the scope of issues covered by the legislation is expanding significantly, creating new obligations for social landlords and potentially reshaping how housing safety is regulated across the UK.
For legal professionals, housing providers and tenants alike, understanding the practical impact of these changes is essential.
Beyond damp and mould
Awaab’s Law is often associated with damp and mould in social housing, reflecting the circumstances that led to its introduction. However, the next phase of the legislation goes much further, expanding the focus to a wider range of risks that can affect tenants’ health and safety.
According to the government’s implementation plans, the requirements are being extended to cover a broader range of serious health and safety concerns within social housing.
Social landlords will be required to investigate and address issues that pose significant risks to residents, including excess cold, electrical dangers, fire risks, structural defects, sanitation concerns and other category 1 risks identified under the Housing Health and Safety Rating System (HHSRS).
The legislation places greater emphasis on identifying and addressing risks before they have a lasting impact on tenants. The expansion comes at a time when concerns about housing conditions remain widespread.
According to the English Housing Survey, around 10% of social rented homes in England fail to meet the Decent Homes Standard, while damp remains more common in the social rented sector than in owner-occupied housing.
The Housing Ombudsman’s It’s Not Lifestyle report highlighted ongoing concerns around landlord responses to mould complaints, challenging the practice of attributing damp and mould issues to tenant behaviour rather than addressing potential structural causes.
Attention is increasingly focused not just on how quickly landlords respond, but on whether serious problems should have been allowed to persist at all.
What the changes mean for tenants
For tenants living in council or housing association properties, the changes could be significant.
Many residents report spending months, and sometimes years, trying to resolve serious repair issues through standard reporting channels, often facing delays, repeated inspections and temporary fixes.
Under the new requirements, landlords will be expected to respond to identified risks within defined timeframes, helping to reduce the likelihood of dangerous conditions remaining unresolved.
While the primary objective of the legislation is prevention rather than compensation, stronger regulatory requirements may provide clearer evidence where landlords fail to meet their obligations.
Despite the broader scope of the reforms, damp and mould remain central to the debate around social housing standards.
NHS guidance warns that exposure to damp and mould can contribute to respiratory conditions, asthma complications and other health concerns, particularly among children and vulnerable individuals.
Questions around what tenants can do if councils fail to address persistent damp and mould remain a key issue across the sector.
Poor housing conditions can also affect mental wellbeing, family life and quality of life, particularly where problems remain unresolved for long periods.
Living with persistent leaks, mould, unsafe electrics or structural concerns can create ongoing anxiety and emotional strain, especially for vulnerable residents and families with children.
Accountability and the future of social housing
Expectations around accountability have also shifted. Housing disrepair complaints are no longer viewed simply as an administrative issue but increasingly as a matter of legal responsibility.
Where serious issues remain unresolved despite repeated reports, questions may arise about whether landlords have fulfilled their statutory duties.
The changes also sit alongside wider reforms introduced through the Social Housing (Regulation) Act 2023, which strengthened the powers available to regulators and increased expectations around landlord performance and tenant safety.
However, housing disrepair should not be viewed only through the lens of compensation claims. Most tenants are not looking to pursue legal action when problems first arise. They want repairs carried out, clear communication and a safe place to live.
Legal action often becomes an option only when those basic expectations are not met.
Awaab’s Law phase 2 reflects changing expectations around housing standards and landlord responsibilities.
For housing providers, the challenge will be turning legal obligations into meaningful improvements for tenants, while legal professionals will be considering the implications for compliance, evidence, liability and enforcement.
Ultimately, the success of phase 2 will not be measured by the number of claims it generates, but by whether fewer tenants find themselves living with problems that have already been reported, acknowledged and left unresolved.
The legislation emerged from one of the most tragic housing cases in recent memory. Its long-term legacy will depend on whether it succeeds in changing not only response times, but the wider culture surrounding housing standards and tenant safety.
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