With less than four months before the implementation of Phase One of 'Awaab's Law', Trinity Social Housing barrister, Holly Hickin, provides the following update for the benefit of Defendant housing disrepair practitioners.
The Government has recently outlined its plans for the implementation of Awaab’s Law and published draft guidance for social landlords regarding the same.
Phase One of Awaab’s Law is set to be introduced on 27 October 2025, subject to Parliamentary approval.
Phase One will see the introduction of Regulations relating to all emergency hazards and significant hazards which relate to damp and mould only.
In 2026, the Regulations will be extended to include significant hazards relating to:
- 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; and
- domestic and personal hygiene and food safety.
Finally, in 2027 the Regulations will be extended to include all remaining HHSRS hazards (apart from overcrowding) where they present a significant risk of harm.
The Regulations introduce the following time frames in which social landlords must:
- Investigate any potential emergency hazards and, if the investigation confirms emergency hazards, undertake relevant safety work as soon as reasonably practicable, both within 24 hours of becoming aware of them.
- 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 named 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 further required works 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 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 named tenant updated throughout the process and provide information on how to keep safe.
The guidance remains in draft form at present, so housing disrepair practitioners should keep an eye out for amendments. The Government has also indicated that it will, in due course, produce additional guidance for tenants.
As is outlined above, Awaab’s Law will see the introduction of strict time limits and the guidance is clear that tenants will be able to challenge a breach of the Regulations in Court.
There are defences available to social landlords “if they can prove that they have used all reasonable endeavours to avoid it, meaning they have taken all reasonable steps to comply with the requirements of the regulations, but it has not been possible for reasons genuinely beyond their control.” Examples are said to include:
- An inability by the landlord to gain access to the property;
- The landlord being unable to sources contractors or materials to complete the works within the required timeframes despite having made reasonable efforts to do so; and
- The landlord has made reasonable efforts to secure suitable alternative accommodation for the tenant but there may be no suitable properties available.
The guidance quite rightly outlines that clear records should be kept by the social landlord of all attempts to comply with the Regulations.
We are now less than four months away from the implementation of Phase One and there remains to be uncertainty as to how Awaab’s Law will look in practice. It is clear that social landlords are undoubtably going to require an increase in resources and it is unclear if there is likely to be any further funding available for social landlords come October.
In light of the ‘draft’ status of the guidance, it is anticipated that there will be changes to the same prior to 27 October 2025 and further updates will be provided in due course.
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