The government has set out the first measures coming into force later this year following a Manchester Evening News campaign
Awaab’s Law is set to come into force later this year – and it will change renters’ lives.
The legislation, which sets strict timeframes for landlords of social housing to fix and repair hazards, was voted through two years ago, but the full details have only just been published. It comes more than four years after the tragic death of Awaab Ishak in Rochdale.
In late 2022, a coroner concluded that the two-year-old died due to ‘prolonged exposure’ to mould in his home at the Freehold estate.
His family repeatedly reported the issue to their housing provider, but the problem persisted, ultimately leading to Awaab’s death.
The Manchester Evening News has been campaigning for Awaab’s Law alongside the toddler’s family for the last two and a half years.
The legislation was passed in Parliament under the Tories in 2023 with Labour promising to eventually extend it to private renters too.
This week, the government confirmed exactly what measures will come into force over three phases, starting from October this year.
Awaab’s family have welcomed the move. Responding to the news announced on Wednesday (June 27), the family’s legal team, Kelly Darlington of Farleys and Christian Weaver of Garden Court North, said: “On behalf of Awaab’s parents, we are pleased that the regulations for Awaab’s law have now been laid in by Parliament. This is a necessary and welcome step towards safer homes.”
So what difference will Awaab’s Law make for renters?
Strict timeframes
The law, which currently only applies to social housing, establishes strict and legally binding timeframes for landlords to act once they become aware of a potential hazard.
From October 27 of this year, they will have act within 24 hours after any emergency hazards, such as gas leaks, broken boilers and total loss of water supply, as well as damp and mould, are reported.
From 2026, hazards which caused a ‘significant risk of harm’, such as excess cold or heat, structural collapse or some electrical hazards, must be fully investigated within 10 working days. Any work required to fix these hazards must then start within five working days.
And from 2027, all remaining hazards listed under the housing health and safety rating system (HHSRS), apart from overcrowding, will also be covered by the regulations too.
If there’s a material change relating to the hazard, for example if the tenant reports new or worsening symptoms, a new investigation is required and the timeframes reset.
Alternative accommodation
If the required repairs cannot be completed within the specific timeframes, landlords must secure suitable alternative accommodation at their expense until the work is done.
Landlords must consider the suitability of this alternative accommodation, including whether it has adequate space, is close enough to the tenant’s workplace or school and is accessible for those with disabilities.
Renters can choose to decline offer of alternative accommodation, but if they choose to stay in their home, the landlord must provide information on actions they have taken to mitigate the risk.
Communication
Following an investigation into a hazard, landlords must provide a written summary of findings to the named tenant within three working days of its conclusion, specifying if a hazard was identified, the required action and a target timeframe for the repairs.
An exception applies if all required works are completed before the three-working-day period ends. Landlords must also keep the named tenant updated throughout the process regarding the timing and progress of the required work until the work is complete.
Standard investigations can be carried out remotely. For example, if evidence such as photos or videos sufficiently establishes whether there is a significant or emergency hazard, it may be possible to complete the investigation without anyone visiting the property.
However, under the regulations, tenants can specifically request an in-person investigation which the landlord must then carry out.
Tenants are expected to cooperate with landlords to arrange suitable times for access, according to the government’s guidance, but landlords should take ‘all reasonable steps’ to gain access, including multiple contact attempts and considering tenant needs.
Legal action
Awaab’s Law sets out clear avenues for social housing tenants to take legal action if their landlord is not complying with the rules.
Tenants are encouraged to complain to the landlord first before contacting the Housing Ombudsman or the Social Housing Regulator.
If a case does reach the court and the landlord is found to be in breach of the regulations, the court can order them to do the repairs.
The court could also order the landlord to pay compensation to the tenant and/or pay some or all of the tenant’s legal costs.
Awaab’s Law does not provide for fines to be imposed on landlords, but the court can award the tenant damages as compensation for loss suffered.
According to the guidance, court action should be a last resort and the court may ask for evidence that alternative means of resolving the dispute have been considered.
Rights and responsibilities
As well as giving tenants grounds to take a social landlord to court, Awaab’s Law also sets out other expectations on both parties.
The guidance states that it is ‘unacceptable’ for social landlords to assume the cause of a hazard is due to the tenant’s ‘lifestyle’.
It comes after the inquest into Awaab’s death revealed that his housing association had made such assumptions about his family.
Landlords should not make assumptions and fail to take action or investigate a hazard on this basis, according to the guidance which states that it is ‘unavoidable’ that everyday tasks such as cooking, washing and drying laundry will contribute to indoor moisture.
The guidance also stipulates that landlords must consider the individual circumstances and vulnerabilities of the tenant, such as their age, health conditions or disabilities, when assessing the risk of harm from a hazard.
However, tenants will still have certain responsibilities, with any damage caused by a breach of contract by the tenant not falling within the scope of Awaab’s Law.