Updated guidance from the government prior to the introduction of Awaab’s Law in October 2025

Awaab’s Law will have a phased introduction, with the first phase due to come into force on 27 October 2025.

Until now, it has been unclear as to what the specifics of the new regulations will be. However, on 25 June 2025, the government published its initial draft guidance on the implementation of Awaab’s Law^[1]. This has provided a degree of clarity for registered providers of social housing (“social landlords”) who will be anxious to ensure compliance with its provisions when it comes into force. The regulations which provide for Awaab’s Law are The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025^[2] (“the Regulations”). These have been published online on the Justice.gov.uk website.

What is Awaab’s Law?

Awaab Ishak died in December 2020 following prolonged exposure to mould in a flat owned by Rochdale Boroughwide Housing. This tragedy resulted in calls for reform and stricter legislation to ensure social landlords keep their properties free from serious hazards, including but not limited to, damp and mould, and to ensure they are fit for human habitation.

Of course, pursuant to s.9A Landlord and Tenant Act 1985 (“LTA 1985”), landlords are already legally required to keep their properties “fit for human habitation” at all times during the tenancy; including being free from hazards defined in the “Housing Health and Safety Rating System” (“HHSRS”). However, until now, there have been no regulations providing specific timeframes within which hazards must be resolved. Many argue that this has allowed serious hazards to remain and tenants’ lives to be put at risk. Awaab’s Law seeks to change this.

Its implementation

Awaab’s Law will be introduced as part of s.10A LTA 1985, which 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 (i.e. the Regulations). Tenants will be able to bring a claim for breach of s.10A LTA 1985 and it is likely that we will see this pleaded in conjunction with s.9A and s.11 LTA 1985 which deal with fitness for human habitation and a breach of repairing implied obligations, respectively.

What is required

The government’s published guidance on Phase 1 of the introduction of Awaab’s Law provides information on what social landlords need to do to ensure compliance and sets out the specific timescales for making a property safe.

If a potential hazard is reported, or the social landlord becomes aware of the existence (or possible existence) of a potential hazard, it must consider whether it is a potential “significant” or “emergency” hazard, or whether it falls outside the scope of Awaab’s Law (e.g. it is simply “disrepair” within the ambit of s.11 LTA 1985).

For “Significant hazards”

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.

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.

For “Emergency hazards”

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. 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. 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.

What can social landlords do to ensure compliance with Phase 1 of Awaab’s Law?

The Regulations being introduced provide for strict timeframes for repairs to be undertaken and for tenants’ properties to be made safe. There are steps which social landlords can take to maximise the prospect of complying with the Regulations, such as:

1. Ensure good record-keeping: Social landlords should ensure that all potential hazards are logged and categorised according to their severity, to ensure that emergency hazards are responded to within 24 hours and that no reports of hazards go unacknowledged.
2. Ensure timely investigations: In the current economic climate, social landlords are finding it increasingly difficult to allocate appropriate resources for repairs. However, it is important that the appropriate level of financial resource is allocated to repairs departments to ensure that investigations into reports of hazards are carried out promptly and the necessary repairs carried out as soon as possible. It is recommended that social landlords do not rely solely on one contractor to carry out repairs, but instead have a panel of contractors in case there is a supply or workforce issue.
3. Train staff on hazard awareness: It is important to ensure that staff are appropriately trained to ensure that they can recognise potential hazards, and that they can categorise them correctly as either “significant” or “emergency” hazards, in accordance with the Regulations. Whilst there will always be a degree of subjectivity to these descriptions, it is only be the appropriate level of training will there be the maximum possible opportunity of ensuring that hazards do not go unnoticed and unresolved.
4. Engage with tenants: Social landlords should engage with their tenants to ensure they are aware of potential hazards and that tenants are familiar with the appropriate reporting procedures in place to report them.

It will take time for social landlords to adjust to the changes introduced by Awaab’s Law. However, it is generally agreed that these changes were necessary, and compliance with them will mean better and safer living conditions for tenants of social housing. Another consequence of Awaab’s Law is that it is likely that social housing stock end up being in a better condition overall, as it is likely that other defects at properties will be repaired at the same time as any hazards are abated. This should, in turn, reduce the number of housing disrepair claims being brought.

Potential action to be taken in respect of claims farmers

In her written statement on 25 June 2025, Angela Rayner (Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government), also announced a “Call for Evidence” regarding unscrupulous claims of farming activity. Ms Rayner says that this 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”.

It is uncontroversial that no tenant in social housing should live in a property which is in disrepair or unsafe. Furthermore, very few housing disrepair claims are in any way fraudulent. The issue which has arisen is that the most significant disrepair claims are becoming “lost in the noise” because of the activities of claims farmers who obtain housing disrepair claims using methods such as door-knocking, in contravention of Financial Conduct Authority (“FCA”) rules. This results in many low value housing disrepair claims being brought where, after 25% is deducted from the damages by the claimant solicitors bringing the claim, the tenant claiming receives very little, if anything, at the conclusion of the claim.

Any reform will need to be carefully thought out. Claims management companies (“CMCs”) arguably have a role in ensuring access to justice for those social housing tenants in unsafe and unrepaired properties. One potential solution is to enact legislation to restrict the fees that CMCs can earn from referring claims to claimant solicitors. This should assist in deterring opportunists from entering the market and ensure that only legitimate FCA-compliant CMCs remain.

How we can help

Our Property & Liability team can assist registered providers of social housing with 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).