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| 2 minute read

Awaab’s Law – some further detail at last!

Awaab Ishak, a two-year-old child living in a one-bedroom flat, died in December 2020 as a result of a severe respiratory condition. In 2022, a coroner at Rochdale Coroner's Court ruled that this was caused by prolonged exposure to black mould in his home which had "inadequate ventilation and was not equipped for normal day-to-day living activities which led to excess damp and condensation".

The Ministry of Housing, Communities and Local Government confirmed that it had more than 1000 responses to its consultation on Awaab’s law in early 2024. At Anthony Collins, we submitted one of those responses.

On 6 February 2025, the Government confirmed the timelines for implementing Awaab’s Law, which will introduce time limits for social landlords to respond to potential hazards in residents’ homes. The law will be introduced in a phased approach.

Starting October 2025, social landlords will be required to repair all emergency hazards within 24 hours. They will also be required to address damp and mould hazards that present a significant risk of harm to tenants. The timescale for doing this is still awaited.

By 2026, requirements will be extended to cover a wider range of hazards. The Government has not finally determined which hazards will be included in this second phase, but it is likely to include excess cold and excess heat, falls, structural collapse, fire, electrical and explosions, and hygiene hazards.

The final stage in 2027 will see Awaab’s law apply to the remaining hazards as defined by the Housing Health and Safety Rating System (HHSRS). Overcrowding will however be excluded which is something that we urged the Government to exclude in our consultation response.

Angela Raynor has said the phased approach will provide for an initial period of testing and learning to ensure the reform is being delivered in a way that benefits tenants.

There has been significant progress within the sector since the inquest of Awaab Ishak’s death with many housing sector landlords now investing more into modernising their repair service, using new technology and holding colleagues/contractors accountable for their actions. In our experience, however, access to do works often remains an issue as does redecoration following works. Landlords need to use the injunctive relief routes available to them, to ensure that they are seen to take all steps available to complete works within a reasonable period.

The Housing Ombudsman has said he hopes that Awaab’s law will act as a catalyst for social housing landlords to adopt a zero-tolerance culture towards hazards.

Although Awaab’s Law is currently targeted at social housing landlords, the Government committed to extending it to the private rented sector under the Renters’ Rights Bill. The private rented sector should therefore closely observe the implementation of Awaab’s Law.

Whilst we still await some further detail, what we do know is that there is a monumental change on the horizon.

For more information

For more information on Awaab's law and the impact of this on your organisation, please contact me.

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Tags

awaabs law, damp, mould, housing, housing law, housing association, government