Blog- 22nd August, 2025, Sharpe Pritchard, Corporate Partner

The implementation of Awaab’s Law

The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, commonly referred to as Awaab’s Law was introduced as a result of a campaign following the tragic death of 2-year old Awaab Ishak, who died following prolonged exposure to damp and mould in his social housing home.

Under sections 9A and 10 of the Landlord and Tenant Act 1985, landlords are already required to keep their properties “fit for human habitation”.  However, Awaab’s Law introduces specific timeframes within which works to resolve hazards must be commenced.

Subject to Parliamentary approval, the intention is to initially bring the new Regulations into force on 27 October 2025. In advance of that date, the Government published draft non-statutory guidance on the new Regulations on 25 June 2025.

The Government has also announced that the law will be introduced in 3 phases.

Phase 1

From 27 October 2025, landlords will be required to investigate all emergency hazards and all damp and mould hazards that present a significant or emergency risk of harm to tenants within strict timeframes:  

Landlords must review available information about the hazard and the resident, and make an initial assessment to decide whether the issue is a potential ‘significant’ or ‘emergency’ hazard.

Significant hazards

1. If landlords find that there is a potential significant hazard, they need to carry out investigations within 10 working days.
2. Landlords must provide tenants with written reports within 3 working days from the date of those investigations. 
3. Landlords must carry out safety works within 5 working days of the date of the investigation.
4. Landlords must begin or take steps to begin further works within 5 working days from the end of the investigation. If steps cannot be taken within this timeframe, landlords should take steps to commence works as soon as possible, and work must start within 12 weeks.
5. Landlords are to complete the repairs within ‘a reasonable timeframe’. What constitutes a reasonable timeframe will depend on the extent of the works needed and the needs of the occupants.
6. If the property cannot be made safe, landlords must offer tenants suitable alternative accommodation until the hazard has been resolved.

Emergency hazards

1. Emergency repairs are issues that pose imminent danger. Landlords must investigate them within 24 hours from the hazard being reported, even if it is reported during a non-working day.
2. If the investigation confirms an emergency hazard, landlords must complete all works and make the property safe within a further 24 hours from the initial inspection.
3. If the property cannot be made safe within that further 24 hour period, landlords must offer suitable alternative accommodation until works are completed.
4. If required, landlords must provide a written summary of the investigation and its findings within 3 working days of the end of the investigation.

Phases 2 and 3

• In 2026, further rules will become law as part of the second phase of implementation. Social landlords will then become legally obligated to remedy ‘a wider range of hazards’, such as excess cold and heat, falls associated with baths etc., structural collapse, explosions, fire, electrical hazards, domestic and personal hygiene and food safety.

In 2027, the requirements of the legislation will expand to their fullest extent and social landlords will then be required to address all hazards defined by the Housing Health and Safety Rating System (England) Regulations 2005, except for overcrowding.

Landlord’s obstacles to meeting the timeframe, and possible defences

• Access issues

One foreseeable obstacle that the landlord will encounter is gaining access to the property to carry out investigations and/or works.

Landlords are expected to make at least 3 attempts to access the property using different methods to reach the tenant (telephone calls, text messages, emails), and such attempts must be documented in writing. As such, it is fundamental that any communication is either in writing, with contemporaneous attendance notes made of any telephones which are then sent to the tenant. This could even be a simple text message to confirm the content of the conversation.  If landlords cannot gain access within the agreed timeslot, they should leave the tenant a notice stating that an attempt was made and providing contact details to arrange an alternative slot. A photograph of the notice should be kept on the tenants file in case attendance is later disputed.

Landlords are also expected to work with residents to find a suitable time to attend the property giving the tenant timeslots to choose from.

Even if the tenant refuses to provide access, landlords are still expected to continue to work as quickly as possible to enter the property in order to investigate and remedy the hazard. The works timeframe then starts when the tenant grants access.

If landlords have taken all reasonable steps to gain access to the property but have been unable to do so, then this is likely to be a defence to any subsequent claim against them. Written records and evidence will therefore be paramount to any such defence.

 

• Shortage of labour and/or material

Another issue considered in the consultation is the delay due to shortage of labour and/or materials. If landlords cannot meet the deadlines due to a shortage of labour and/or materials, they are expected to keep the tenants updated on any delays and to keep records of such correspondence.

If landlords have taken reasonable steps to find a specialist contract but have been unable to do so, or if the specialist contractor has been unable to attend within the agreed timeframe, then this is may offer a defence as well. However, landlords will be expected to continue make efforts to locate a suitable contractor as soon as possible thereafter.

• Providing suitable alternative accommodation

Landlords must provide a suitable alternative accommodation to tenants if works cannot be completed within 5 workings days (for significant hazards) and within 24 hours (for emergency hazards). The offer must take into consideration any of the tenant’s family and children who sleep at the property at least 1 night a week.

If the tenant refuses to move into the alternative accommodation, landlords do not have an obligation to make a further offer accommodation. However, tenants must be advised of the risks involved.

Moreover, if landlords have made reasonable efforts to secure suitable alternative accommodation within the above timeframes, but there are no suitable properties available, this may also offer a defence, but landlords will be expected to continue to make efforts to secure accommodation as soon as possible thereafter.

Preparing for the implementation of Awaab’s Law

Social Landlords should, in particular:

• Assess their capacity to meet the timescales. ​
• Review whether their organisation’s record keeping is adequate/fit for purpose. ​
• Assess whether their organisation has a sufficient number of skilled members of staff that can appropriately deal with repairs, including during weekends and bank holidays.​
• Review their decant capacity and processes. ​
• Review any access processes and procedures. ​
• Maintain a list of reliable contractors, especially ones available over weekends, evenings, and holiday periods.
• Consider recruiting in-house repair and maintenance officers to deal with the most urgent cases. 

 

Angelica Botta & Simon Kiely