A boutique law firm of exceptional quality and talent where clients' and lawyers' interests are aligned by collaboration and innovation
Named in memory of two-year-old Awaab Ishak, who tragically died in December 2020 due to prolonged exposure to mould in his family's social housing flat in Rochdale, the law now aims to prevent such incidents by enforcing stricter regulations on housing conditions.
Background
In 2020, Awaab Ishak's death highlighted severe shortcomings in the maintenance and safety standards of social housing. Despite repeated complaints from his family about the mould infestation in their flat, the housing association failed to take timely and effective action. This negligence led to widespread public outcry and a demand for stricter regulations to ensure tenant safety.
Introduction of Awaab's Law
In response to this tragedy, the UK government announced the implementation of Awaab's Law. The legislation mandates that social landlords must investigate and address hazardous conditions, such as damp and mould, within specified timeframes. The primary objective is to ensure that tenants live in homes that are safe, decent, and well-maintained.
Implementation Timeline
Last week, the Government outlined a phased approach to the implementation of Awaab's Law to ensure its effective and practical application:
1. October 2025:
Damp and Mould Hazards: Social landlords are required to address damp and mould issues that pose a significant risk to tenants' health within fixed timescales.
Emergency Repairs: All emergency repairs, whether related to damp and mould or other hazards, must be addressed as soon as possible and within no longer than 24 hours.
2. 2026:
Expansion to Additional Hazards: The requirements will extend to a broader range of hazards beyond damp and mould. This includes issues such as excess cold and heat, structural collapse, fire safety, electrical hazards, and hygiene concerns.
3. 2027:
Comprehensive Coverage: The law's provisions will further expand to cover all remaining hazards as defined by the Housing Health and Safety Rating System (HHSRS), excluding overcrowding. This ensures a holistic approach to tenant safety and well-being. The full list of proposed hazards can be found in schedule 1 to the Housing Health and Safety Rating System (England) Regulations 2005.
This phased implementation allows for initial focus on the most pressing issues, such as damp and mould, while providing time for landlords to adapt to the broader requirements in subsequent years.
The Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, Angela Rayner, emphasized the moral duty to prevent tragedies like Awaab Ishak's death. She stated, Landlords cannot be allowed to rent out dangerous homes and shamelessly put the lives of their tenants at risk. Our new laws will force them to fix problems quickly, so that people are safe in their homes.
While the introduction of Awaab's Law has been widely welcomed, some housing charities and advocates have expressed concerns about the extended timelines for full implementation, balanced against the strict timeframes now requiring action from providers.
The Government has also indicated plans to extend similar protections to the private rented sector through the forthcoming Renters' Rights Bill. A consultation on how Awaab's Law can be applied to privately rented homes is planned, aiming to ensure that all tenants, regardless of their housing status, can benefit from these critical safety measures.
Awaab's Law represents a pivotal step towards ensuring safer and healthier living conditions for social housing tenants in the UK. By enforcing strict timelines for addressing hazardous conditions and expanding the scope of covered hazards over time, the legislation aims to prevent future tragedies and uphold the rights of tenants to live in safe and decent homes.
Housing providers can best prepare for this by ensuring its organisation is aware of the changes ahead, receives training on the topic and why it should be something they should act pro-actively on, as well as to review and consider its own approach to things like complaints handling, reactive maintenance, and risk management as a whole.
To discuss any of the above, or any health and safety or regulatory maters, please contact Emma Evans, Regulatory Partner or any member of our Environmental, Health and Safety Team: emmaevans@bexleybeaumont.com | 07738 007652
