Awaab's Law

The eagerly awaited Awaab's Law feels a long time coming. Introduced by the Social Housing (Regulation) Act 2023, Awaab's Law will come into force in October 2025. Housing Associations will need to be prepared to comply with strict timeframes to fix any damp and mould or emergency hazards present in their occupied homes.

The shocking death of 2 year old Awaab Ishak in December 2020 brought the dangers of damp and mould to the attention of the public and prompted action and regulation by the Government to prevent the re-occurrence of any such tragedy.

Awaab's Law will imply into social housing tenancies an obligation on the landlord to investigate and repair dangerous damp and mould within set time periods. Further, all emergency hazards will need to be remedied within 24 hours. If Housing Associations fail to comply with the obligations, then they can be taken to Court by their tenants.  

The detail of the relevant timeframes for remediation of damp and mould is not currently known. 

An emergency hazard is something posing a serious health risk that requires immediate action, such as severe damp and mould, but also includes broken heating systems, exposed wiring or structural issues.

The introduction of Awaab's Law

Awaab's Law will be introduced on a phased basis – first applying to damp and mould and all emergency repairs and then widening to apply to other hazards going forward. The intention is that the law will apply to all dangerous hazards by 2027.

Initially, Awaab's Law will only apply to social landlords but the Government has indicated that it intends to extend the regulations to include the private rented sector by including it in the Renters' Rights Bill.

Housing Associations are already under obligations to provide safe and secure homes for their customers. The Decent Homes Standard already sets minimum standards for the condition of social homes. Awaab's Law is seen as a strengthening of the existing rules, giving additional protection to tenants and holding Housing Associations accountable for failures to act - all in line with the ethos of the Social Housing (Regulation) Act 2023.

The National Housing Federation has commented that they and their members are committed to working with the Government to ensure that nothing like the death of Awaab Ishak happens again...

What can Housing Associations do to prepare?

Housing Associations will need to be aware of the detail of Awaab's Law and remain up to date on the hazards covered and the time periods for remediation. This will involve training staff, making all contractors fully aware of the detail and implementing strict reporting procedures. Any emergency hazards will need to be identified and acted on within 24 hours so there is no time for delay.  

Procedures will then need to be put in place to ensure that the respective Housing Association is able to mobilise a reliable contractor who can comply within strict timeframes. However, a roundtable discussion led by Inside Housing identified that finding qualified staff and good contractors is a key challenge in the industry.

All of the above will of course require the allocation of resources at a time when Housing Associations' finances are being stretched.  

New construction and development contracts

In terms of new construction and development contracts, we are already seeing an increased focus on damp and mould clauses. We can include additional clauses linking damp and mould to your handover requirements or to cover off any specific requirements you have in terms of the treatment of damp and mould as defects during any defects liability period.  

The introduction of Awaab's Law is now fast approaching and Housing Associations need to be fully aware of the additional obligations it will place upon them. The law has been widely welcomed and the reasons for its introduction are undeniably sound, but this will inevitably involve additional resources at a time when finances are stretched. Planning and putting in place robust procedures for reporting and repairing any relevant hazards will be key.