Awaab’s Law and the implication for social housing landlords

Legislation was enacted in 2023 in honour of two year old Awaab Ishak who passed away in December 2020 as a result of prolonged exposure to damp and mould at his home.

Now the Government has set out the timescale for implementation of that law.  The legislation will affect social landlords first with private landlords to follow, and represents a landmark step forward in housing safety and quality for tenants.

The implication of the legislation is that social landlords will be obliged to fix dangerous homes and hazards under the Housing Health and Safety Rating System (“HHSRS”) or face the force of the law. A staggered introduction of the regulations is planned for social landlords (as announced by the Secretary of State for Housing, Communities and Local Government) as follows:

1.      By October 2025, damp and mould hazards that present a significant risk of harm to tenants must be addressed to fixed timescales;

2.      Also by October 2025, all emergency repairs (including damp and mould or other hazards) must be addressed as soon as possible, and within no longer than 24 hours;

3.      In 2026 the requirements will be extended to apply to a wider range of hazards. It is intended Awaab’s Law will extend at this point to excess cold and heat, falls, structural collapse, fire, electrical and explosions and hygiene hazards; and

4.      In 2027 the requirements will be extended to apply to the remaining HHSRS hazards, with the exception of overcrowding.

The Government’s response to the consultation on the specifics of Awaab’s Law (timescales within which works are to be commenced etc.) is to be published soon and we will then know the detail of what will be in the regulations. The intention of a phased introduction is to ensure that Awaab’s Law can be applied as effectively as possible and to allow protections regarding damp and mould to be introduced quickly.

Notwithstanding the above, social landlords are still expected to fix dangerous issues in their homes in accordance with their duty to keep their homes fit for human habitation and to remedy disrepair, taking into consideration the Decent Homes Standard.

The Government further intend (over the coming months) to bring further reforms designed to drive up standards across social housing, including:

·       To consult on new Decent Homes Standards and minimum energy efficiency standards; and

·       To legislate to require social landlords to carry out electrical safety checks at least every 5 years as well as imposing mandatory appliance inspections on all electrical appliances provided by the landlord.

Awaab’s Law will be extended to the private rented sector by powers introduced through the Renters’ Rights Bill. The Government will consult at that point on how Awaab’s Law can be most effectively applied to the private rented sector.

Sources: Awaab’s Law to force landlords to fix dangerous homes - GOV.UK / The staggered arrival of Awaab's Law - Nearly Legal: Housing Law News and Comment