Awaab’s Law Phase 2: The Next Compliance Challenge for Social Housing Providers

The implementation of Awaab’s Law has already transformed the way registered providers of social housing (“RPs”) respond to damp and mould complaints. However, many RPs are now turning their attention to the next stage of the regime. Phase 2 of Awaab’s Law comes into force on 30 November 2026 and significantly expands the range of hazards that will be subject to mandatory investigation and remediation timescales.

For RPs, this is not simply a repairs issue. It creates wider regulatory, litigation and insurance risks that extend beyond traditional housing disrepair claims and into personal injury, public liability and claims arising from alleged health impacts.

A reminder: What is Awaab's Law?

The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (“Awaab’s Law”) was introduced following the tragic death of Awaab Ishak, whose death was linked to prolonged exposure to mould in his family's social housing property. The legislation forms part of the Government's wider social housing reform agenda and imposes legally enforceable timescales on social landlords for investigating hazards and carrying out remedial works.

Phase 1, which came into force on 27 October 2025, focused on significant damp and mould hazards and all emergency hazards posing an imminent and significant risk of harm. S.10A Landlord and Tenant Act 1985 (“LTA 1985”) implies into all social housing tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects; these “prescribed requirements” are those specified in Awaab’s Law. 

What will change under Phase 2?

From 30 November 2026, the statutory requirements will extend beyond damp and mould to include a wider range of Housing Health and Safety Rating System (“HHSRS”)¹ hazards where they present a significant risk to a tenant's health or safety. The Ministry of Housing, Communities & Local Government has released an updated guidance note setting out the changes under Phase 2.²

Under the Housing Act 2004, the presence of a Category 1 hazard is sufficient to trigger enforcement duties on local housing authorities under the HHSRS. These hazards are defined in the HHSRS. “Damp and mould growth” is considered a “Category 1” hazard.

The additional hazards include:

1. Excess cold: This hazard relates to the extent to which a property can maintain an appropriate internal temperature. Factors which are considered include heating provision, the thermal performance of the property, and the extent to which it is insulated.
2. Excess heat: Where there is an excessively high indoor air temperature caused by a defect at the property.
3. Falls: These are defined in the HHSRS as falls on the level, falls on stairs, and falls between levels. The type of tenant should be considered. Elderly people and young children are both more likely to get injured if there are defective stairs or uneven flooring.
4. Structural collapse: This concerns the structural integrity of the property, including the risk of the components of the building becoming displaced and falling away. 
5. Fire and explosions: This hazard concerns the risk of injury due to fire, hot gases, explosions, and the failure of combustion systems such as boilers. 
6. Electrical safety: There is a potential overlap between this hazard and those relating to fire safety. RPs need to consider the extent to which there can be a risk of harm from electrical defects at the property including from exposed electrical wiring, poorly maintained consumer units, defective light fittings, etc.
7. Domestic hygiene: This is a very broad hazard but relates to threats to health arising from conditions that prevent a property from being kept clean and hygienic. If the property is designed in such a way that it attracts pests or vermin, is difficult to keep clean, or has inadequate waste disposal facilities, then it is likely to be deemed to satisfy this hazard criteria. 

The timescales for resolving these additional hazards will be the same as those which currently apply to damp and mould. In summary:

For “Significant hazards”:

A “significant hazard” means a hazard that poses a “significant risk of harm to the health or safety of an occupier” of social housing. A risk of harm is considered significant if a reasonable landlord would take steps to make it safe but would not consider that this would need to be done within 24 hours of notification or discovery.³

1. Initial investigation within 10 working days: If the hazard is deemed to be “significant”, the landlord has 10 working days from the date of notification within which to investigate the hazard and determine what needs to be done to resolve it. The social landlord then has 3 working days from the conclusion of its investigation to provide a written summary of its findings to the tenant.
2. Complete any necessary works within 5 working days: If a “significant” hazard is identified in its investigations, the social landlord is required to complete the necessary safety works to abate the hazard, and begin or take steps to begin, any further supplementary works to prevent the hazard from reoccurring within 5 working days of concluding its investigation. Where further supplementary works are required, and it is not possible to complete these within 5 working days, the social landlord must start these “as soon as reasonably practicable and within 12 weeks of the investigation concluding”.
3. If the property cannot be made safe, alternative accommodation must be offered: If it transpires that the social landlord cannot make the property safe, it must offer alternative accommodation to the tenant, at its own expense. Once the “significant” hazard is resolved, and all required safety works have been completed, the obligation to provide alternative accommodation under Awaab’s Law ends.

For “Emergency hazards”:

An emergency hazard is one which “poses an imminent and significant risk of harm to the health or safety of an occupier” in social housing. A risk of harm is considered imminent and significant when a reasonable landlord would take steps to make it safe within 24 hours.⁴

1. If at the time of its initial investigations, the social landlord determines that the hazard is an “emergency”, it must investigate the issue and complete all of the relevant safety works at the property within 24 hours of notification. 
2. If the property cannot be made safe within 24 hours, the social landlord must offer suitable alternative accommodation until the necessary safety works have been completed. 
3. As is the case with hazards deemed “significant”, the landlord has 3 working days from the conclusion of the investigation within which to provide a summary of its investigation (if necessary).

A failure to make the property safe within the prescribed timeframes set out in the Regulations will be a breach of s.10A LTA 1985 and damages and an order for specific performance can be sought in the County Court.

In short, save for in emergencies, the landlord will have 15 working days from the date of notification within which to carry out investigations and complete the necessary works to abate the hazard and make the property safe.

How will this affect RPs?

This expansion is likely to capture a much broader range of complaints than traditional damp and mould cases.

Issues such as defective handrails, damaged stairways, overheating in flats, unsafe electrics, fire compartmentation concerns and structural defects may now trigger the statutory response requirements where the relevant threshold is met. 

We anticipate that Phase 2 is likely to create a significant increase in claims activity. Historically, many housing disrepair claims have centred on damp, mould and defects within landlords' repairing obligations. Phase 2 broadens the focus considerably. Claims may now arise from allegations concerning trips and falls caused by defective communal or internal areas, electrical incidents, structural defects, fire safety issues, illness allegedly caused by excessive cold or other environmental hazards, and food safety and hygiene concerns.

The expansion also raises important evidential issues. RPs will need robust systems to demonstrate when reports were received, how hazards were triaged, whether the hazard was categorised correctly, what investigations were undertaken, whether statutory timescales were met, and what remedial action was taken.

In practice, claims are likely to focus not only on the existence of a defect, but also on whether the provider complied with the procedural requirements imposed by Awaab's Law.

Personal injury claims:

While much discussion around Awaab's Law has focused on regulatory compliance and housing disrepair litigation, registered providers should not overlook the personal injury implications.

Many hazards covered by Phase 2 have the potential to generate injury claims, including respiratory illness allegations linked to housing conditions, asthma and other health condition exacerbations, slip trip and fall claims, burns and electrical injury claims, and injuries arising from structural failures or fire incidents.

The increasing prevalence of extreme temperatures in the UK, including prolonged heatwaves and periods of severe cold, is driving a corresponding rise in climate-related personal injury claims (i.e. heat stress) within the housing sector. The stringent deadlines and remedial obligations imposed under Phase 2 of the Regulations will place increased emphasis on compliance evidence and record keeping, potentially making allegations of breach of duty more difficult to defend where landlords cannot demonstrate adherence to the prescribed requirements.

These claims frequently involve complex causation, expert evidence and insurance considerations. They may also be pursued alongside housing disrepair claims, increasing costs and litigation complexity.

For providers and their insurers, early investigation and coordinated claims handling will be essential to managing exposure.

How can RPs prepare?

Providers should consider reviewing repairs and complaints workflows, testing whether current systems can identify and triage Phase 2 hazards, reviewing escalation procedures and contractor arrangements, ensuring comprehensive record keeping, training housing repairs and customer service teams on the expanded hazard categories, and considering how legal risk and insurance functions interact when serious hazards are reported.

The regulator and courts are likely to expect evidence that providers have proactively prepared for the expanded regime.

How Clyde & Co can help:

Our Property & Liability team can assist registered providers of social housing with defending housing disrepair claims and offer tailored advice on how to ensure compliance with Awaab’s Law. For further information, please contact Matthew Lowry (Legal Director).

Our Occupational Disease team can assist registered providers of social housing with defending personal injury claims arising from housing disrepair, including, but not limited to, those linked to respiratory conditions exacerbated by the presence of damp and mould. For further information, please contact Edward Sainsbury (Partner).

¹The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025

²Awaab’s Law Phase 2: Guidance for social landlords - GOV.UK

³S.3(1) The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.

⁴As above.