Government will take ‘test and learn’ approach to Awaab’s Law as it sets out further details

In 2027, the government will extend regulations to all remaining HHSRS [housing health and safety rating system] hazards, excluding overcrowding.

Social housing tenants will be able to challenge landlords that do not abide by the regulations through the Housing Ombudsman and by bringing a housing disrepair claim. 

The government also announced a call for evidence on claim-farming activity, to ensure that both tenants and landlords are “not unfairly targeted” by unscrupulous claim farmers. Ms Rayner said that to ensure the system of redress “remains fair, that vulnerable tenants are not exploited and that both tenants and landlords are not unfairly targeted by unscrupulous claim-farming activity”, housing minister Matthew Pennycook and Sarah Sackman, minister for courts and legal services, will launch the call for evidence this year.

“Through this, we will gather evidence on claims management company referrals to solicitors on a ‘no win, no fee’ basis to seek views on current practices and consider how to reduce unscrupulous ‘claims-farming’ activity in housing disrepair cases,” Ms Rayner said.

“I am determined to ensure this policy works effectively, creating a positive impact for all tenants and leaving a lasting legacy. As such, government will take a ‘test and learn’ approach to implementing the policy.

“Over the coming months, we will closely monitor and evaluate the impact Awaab’s Law is having – the effectiveness of the processes put in place to implement it – and will clarify or adapt our approach to deliver the best outcomes if we need to,” she said.

On 21 December 2020, two-year-old Awaab Ishak died from a respiratory condition caused by prolonged exposure to mould in a housing association flat. 

During the inquest into his death, it emerged that his family had repeatedly asked for help from landlord Rochdale Boroughwide Housing, but were ignored or blamed for the disrepair. The coroner later concluded that the conditions in the home were caused by an inadequate ventilation system.

In July 2023, the Social Housing (Regulation) Act received royal assent, making a host of reforms to sector law, including Awaab’s Law, aiming to force social landlords to respond to hazards within strict timeframes.

The requirements set by Awaab’s Law are as follows:

• If a social landlord becomes aware of a matter or circumstance in a social home that may be a hazard within scope, they must investigate within 10 working days to ascertain if there is such a hazard
• The social landlord must produce a written summary of the findings of the investigation (in most cases) and provide this to residents within three working days of the investigation concluding
• If the investigation finds that a hazard presents a significant risk of harm to the health or safety of a resident, the social landlord must, in most circumstances, within five working days of the investigation concluding, make the property safe (using temporary measures if necessary) and begin any further required works. The social landlord must satisfactorily complete repair works within a reasonable time period
• In an emergency situation, the social landlord must investigate and action any emergency repairs as soon as reasonably practicable and, in any event, within 24 hours
• If the property cannot be made safe within the specified timescales for Awaab’s Law, then the social landlord must offer to arrange for the residents to stay in suitable alternative accommodation, at the social landlord’s expense, until required repairs are completed

Ms Rayner told Inside Housing: “Today, we’re laying the regulations that will enable us to bring the first phase of Awaab’s Law into effect in the Social housing sector in October – a vital step in holding landlords of poor-quality social housing to account and, crucially, honouring the memory of Awaab Ishak who so tragically died as a result of negligence, carelessness and complacency.

“The circumstances that lead to Awaab’s death should never have been allowed to happen. The pain his family has endured is unimaginable, and we are determined to ensure no other family suffers in the same way again.

“Social housing should enable people to live in comfort and dignity and the landlords that provide this vital service have a responsibility to their residents to make their homes the place of safety and security they should be – and that every tenant deserves.”

New electrical safety regulations, also laid in parliament on Wednesday, will aim to ensure electrical safety checks are carried out at least every five years in the social housing sector. 

Gavin Smart, chief executive of the Chartered Institute of Housing, said: “We welcome today’s announcement setting out next steps for the implementation of Awaab’s Law and improvements to electrical safety in social housing, along with the publication of draft guidance. 

“This is a crucial step towards ensuring that all social housing residents live in safe, healthy homes – and that action is taken swiftly when risks arise. 

“The sector is committed to getting this right, and today’s announcement provides important clarity to support that effort.”