Background:
Awaab’s Law was created in memory of 2-year-old Awaab Ishak, who died tragically in 2020 as a result of a severe respiratory condition due to prolonged exposure to mould in his home. Awaab’s parents had complained repeatedly to their social landlord in the three years prior to Awaab’s death, but no action was taken by their social landlord to treat the mould.
Phase 1 of Awaab’s Law came into force for the social rented sector on 27 October 2025. From this date, social landlords are required to address all emergency hazards, as well as any damp and mould issues that pose a significant risk of harm to tenants, within specified timeframes.
Landlords do not have to investigate hazards reported before 27 October 2025 until the hazard is reported again or there is a material change.
What tenancies are covered?
The new rules apply only to social housing tenancies, including those managed by local authorities and registered providers of social housing, such as housing associations.
Awaab’s Law does not apply to shared ownership arrangements, homeless accommodation, supported housing, or licence agreements within social housing.
Phase 1 of Awaab’s Law:
- Investigate any potential emergency hazards and, if the investigation confirms emergency hazards, undertake relevant safety work as soon as reasonably practicable. The investigation and the work must both take place within 24 hours of becoming aware of the hazard.
- Investigate any potential significant hazards within 10 working days of becoming aware of them;
- Produce a written summary of investigation findings and provide this to the tenant within 3 working days of the conclusion of the investigation.
- Undertake relevant safety work within 5 working days of the investigation concluding, if the investigation identifies a significant hazard.
- Begin, or take steps to begin, any supplementary preventative work to prevent a significant or emergency hazard recurring within 5 working days of the investigation concluding, if the investigation identifies a significant or emergency hazard. If steps cannot be taken to begin work in 5 working days this must be done as soon as possible, and work must be physically started within 12 weeks.
- Satisfactorily complete supplementary preventative works within a reasonable time period.
- Secure the provision of suitable alternative accommodation for the household, at the social landlord’s expense, if relevant safety work cannot be completed within specified timeframes.
- Keep the tenant updated throughout the process and provide information on how to keep safe.
The timelines above are the maximum statutory timeframes in which landlords must act. Landlords can and should act more quickly if circumstances require.
It should be noted that social landlords have a defence if they can demonstrate that they have taken all reasonable steps to comply with the requirements (Section 10A(5) of the Landlord and Tenant Act 1985).
Emergency Hazard vs Significant Risk Hazard:
An emergency hazard, that requires 24-hour action, is defined as one that poses an imminent and significant risk of harm to the health or safety of an occupier.
A significant hazard, which requires 10 working days’ action, is defined as one which poses a significant risk of harm to the health or safety of an occupier.
Social landlords should also consider whether a tenant has any vulnerabilities that may place them at greater risk. In such cases, what might otherwise be considered an ordinary hazard could be treated as an emergency, due to the potentially significant impact on the occupier.
Non-Compliance with Phase 1 of Awaab’s Law:
Where a landlord does not comply with its duties, a tenant can do the following:
- Make a formal complaint;
- Escalate their complaint to the Housing Ombudsman;
- Apply for a court order (specific performance or compensation).
What Hazards are Covered?
For a hazard to be within the scope of the Awaab’s Law, it must:
a) Be a part of buildings or land for which the social landlord is responsible;
b) Result from defects, disrepair or lack of maintenance;
c) Be in the landlord’s control to fix;
d) Not be damage that is a result of breach of contract by the tenant;
e) Be a significant or emergency hazard.
Hazards caused by the tenant’s actions are not the landlord’s responsibility. However, the Government guidance has warned landlords from making this a presumption.
If a hazard is not in scope, the landlord does not have to act within the fixed timescales. However, the usual rules for disrepair and safety still apply pursuant to section 11 of the Landlord and Tenant Act 1985 and/or fitness for habitation.
The Future:
As it stands, only phase 1 has been rolled out. However, Awaab’s Law has two further phases that will be implemented in the future.
Phase 2 – In 2026, Awaab’s Law will be extended to include the following hazards where they present a significant risk of harm:
- Excess cold and excess heat
- Falls associated with baths etc., on level surfaces, on stairs and between levels
- Structural collapse, and explosions
- Fire and electrical hazards
- Domestic and personal hygiene and food safety
Phase 3 – In 2017, it will be extended again to all remaining Housing Health and Safety Rating System hazards (apart from overcrowding) where they present a significant risk of harm.
Application to Private Rented Housing?
The Renters’ Rights Act 2025 will extend Awaab’s Law to privately rented homes by implying it into the terms of private tenancy agreements. As a result, all private landlords will be required to comply with its provisions.
If a landlord fails to do so, tenants will be able to challenge this by raising a complaint directly with the landlord, escalating the matter to the Private Rented Sector Landlord Ombudsman, and, if necessary, taking legal action for breach of contract.
There is no set implementation date for Awaab’s Law in the private rented sector, however, it is expected to be extended from 2027.
Post written by Dunya Amini – pupil barrister at KCH Garden Square
