Awaab’s Law, and the impact on the housing sector

The Awaab’s Law consultation has been initiated by the Housing Secretary in response to a tragic incident involving two-year-old Awaab Ishak. Awaab suffered respiratory conditions due to prolonged exposure to mould in a Rochdale Boroughwide Housing (RBH) flat. His family sought help from the landlord but faced neglect and blame for the disrepair. Consequently, a campaign led by Manchester Evening News and Shelter advocated for legal obligations on social landlords regarding damp and mould issues.

Awaab’s law will aim to address critical issues related to housing safety and tenant well-being.

What are the key provisions and their impacts?

Investigation Timeframe

Social landlords will be required to investigate the causes of dampness and mould within 14 days of receiving complaints from tenants. This swift response will ensure that potential health hazards are promptly identified and addressed.

The consultation document, which provides further details on the time periods, proposes:

• 14 days to start an investigation after receiving a report of a hazard.
• 7 days to take action to fix a hazard.
• 24 hours to fix an emergency hazard.

If the home cannot be made safe within the prescribed timescales, landlords must move the tenant to suitable alternative accommodation until it is safe to return.

Tenant Reports

Landlords will be obligated to provide tenants with a detailed report of the findings of any investigation. Transparency and communication are crucial to keeping tenants informed about the state of their living conditions.

Priority of New Social Housing Properties

When allocating new social housing properties, bids from tenants who have received a recommendation from a medical professional to move due to health risks at their existing property will be prioritised.

This measure emphasises tenant well-being and ensures that urgent relocations are given due consideration.

What happens if Landlords fail to comply with the new regulations?

If social landlords fail to adhere to the new regulations, like any other disrepair claim, tenants will have the right to take legal action.

The private rented sector

There are calls for Awaab’s law to also apply to the private rented sector, and the Labour Party have pledged to do just that should they form a government at the next General Election.

Meanwhile, we are still waiting for the Renters Reform Bill to make progress through Parliament. However, as part of the reforms, the government is introducing the Decent Homes Standard which previously only applied to social housing. Therefore, we may expect there could be some element of Awaab’s law applied to the private rented sector. We will have to wait for the finer details and will keep readers updated as the Bill progresses.

Together with Woodstock Legal Services, you can trust The Lettings Hub to keep you informed about all of the changes affecting the Private Rental Sector. Follow us on LinkedIn to ensure you’re always up to date.