Awaab’s Law: all the things we still do not know

By 2026, Awaab’s Law requirements will be extended to cover a wider range of potential hazards, as identified by the Housing Health and Safety Rating System (HHSRS). During 2027, Awaab’s Law will be applied to any remaining hazards with the exception of overcrowding.

The government has not yet confirmed which of the remaining 27 hazards identified will be included in this second or third phase of implementation. But the second phase for 2026 is likely to include excess cold and excess heat, in addition to a risk of falls, structural collapse, fire, electrical events, explosions and hygiene-related hazards.

Uncertainty prevails

With the October implementation date fast approaching, social landlords must familiarise themselves with all the HHSRS hazards and ensure they have the relevant expertise within their organisations to identify the hazards and be aware of any repairs needed.

There is also an anomaly in the current wording of the legislation that could cause significant practical issues for social landlords and potentially increase the risk of non-compliance. Even though the Pre-action Protocol for Housing Condition Claims (England) provides timelines in working days, the consultation for Awaab’s Law provided timelines in calendar days. This in itself could lead to confusion.

Currently social landlords have a total of 70 working days to respond to a residents’ claim, carry out an inspection, prepare a report and provide a decision on liability and set out a plan for remedial works. Under Awaab’s Law, they might only have 14 calendar days – equivalent to 10 working days – to do the same process.

The conflicting time periods between the two routes available to residents is a key cause of concern; as is how the government sees the two routes running alongside each other.

At a time when social landlords are already dealing with high volumes of disrepair claims under the protocol, does the government envisage tenants being able to progress a separate claim alongside a protocol disrepair claim, thus doubling the potential claims that social landlords would need to address?

With no clear detail having been released by the government, the implementation timetable and uncertainty surrounding the dates when specific hazards will fall under Awaab’s Law for the first time are causing considerable concern within the sector. 

Additional resources may be needed to cover various hazards under the HHSRS system, including noise and lighting, which may pose a hazard to a resident’s physical or mental health. These areas may not sit squarely within organisations’ current repair teams, so input may be needed from housing officers or anti-social behaviour officers who may currently lack the experience needed to prepare formal reports on HHSRS hazards. The sector needs time to recruit and upskill colleagues.

Practical issues must be addressed

Many social landlords are concerned that continuing difficulties in gaining access to properties to carry out inspections and repairs could delay the completion of works and lead to increased damages and legal costs. To demonstrate that they are doing everything possible to gain access to a property, they might choose to seek an access injunction through the county courts.

This route is likely to be fraught with difficulties and delay. The court system is currently working in significant arrears of post and these delays are likely to increase given the current backlog of cases, especially given the expected increase in discretionary possession matters that are likely to be issued following implementation of the Renters’ Rights Bill.

“Investment should continue to be made to strengthen the relationship between landlord and tenant, so that tenants are encouraged to refer matters through the landlord’s own complaints system”

Another important practical issue for social landlords relates to decanting arrangements where households have to be moved from their property either to allow emergency repairs to be carried out, or where there is a significant risk to residents’ health or safety that cannot be resolved quickly. The introduction of Awaab’s Law is likely to increase demand for temporary accommodation, incurring yet more costs for providers.

Social landlords could sacrifice rental income by setting aside void properties for this purpose. Alternatively, they could use other temporary accommodation such as hotels or AirBnB, which if not in the immediate vicinity of the property would be likely to incur additional costs for food (where hotel rooms do not have cooking facilities), kennels (if there are family pets) and transport to ensure residents can get to work or children to school.

While such costs could seem minor on an individual basis, they could quickly mount up.

Being prepared

Social landlords need to continue to build on the positive work they have already done since the death of Awaab Ishak, in improving their repair services and aiming to get repairs done quickly and effectively. This includes ensuring that post-work decoration is also completed to a good standard. Most social landlords are already taking steps to become better at listening to residents and engaging in positive two-way communication.

Investment should continue to be made to strengthen the relationship between landlord and tenant, so that tenants are encouraged to refer matters through the landlord’s own complaints system and solicitors are only instructed as a last resort. This, of course, requires social landlords to first check that their complaint procedure is up to date and fit for purpose. Equally, social landlords need to have a way to effectively calculate the right amount of damages/compensation owed to tenants where standards fall short, at levels equivalent to those that both the courts and the Housing Ombudsman would award.

Social landlords will have already spent significant time ensuring their complaint procedures comply with the ombudsman’s Complaint Handling Code following its introduction as a statutory requirement on 1 April 2024. Those procedures will need reviewing to ensure they take account of new legislative changes, including Awaab’s Law. Policies and processes will need to be reviewed carefully, including complaint-handling, responsive repairs, gaining access and decanting arrangements.

Even now, before the government releases further detail, social landlords can invest time on internal training to ensure that colleagues know how in principle to deal with claims made under Awaab’s Law, including the processes that must be followed and the timelines that must be adhered to. 

The phased introduction of Awaab’s Law has been described as an opportunity to ‘test’ that the reforms are delivering benefits for residents. Overall, it is a positive move for the sector and social landlords are keen to show that they have learnt from previous mistakes. The government must also recognise that Awaab’s Law is creating a climate of uncertainty that could drive up costs and pile extra pressure on already stretched social landlords.

While social landlords understand the need for improvements, they are already being pulled in different directions with increased scrutiny and regulation, but with no additional funding. The earlier the regulations are made available by the government, the better the sector will be able to prepare and deliver Awaab’s Law to its tenants.

Suzanne Gregson, partner and head of housing litigation (Manchester), Anthony Collins