Implementation concerns raised as Awaab’s Law comes into force in England

Coming into force today, the first phase of Awaab’s Law will force social landlords to take urgent action to fix dangerous homes or face legal ramifications.

The new duties will mean that emergency health and safety hazards are fixed within 24 hours of reporting. Social landlords must also investigate significant damp and mould within 10 working days of being notified and then make properties safe in five working days. For both types of hazards, they must also write the findings to tenants within three working days of inspection.  

As part of the reforms, landlords now must also consider the circumstances of tenants which could put them at risk - including young children and those with disabilities or health conditions. Alternative accommodation must also be offered if homes cannot be made safe within the required timeframes. 

Housing secretary Steve Reed said these vital reforms will not only keep tenants safer in their homes, but hold landlords to account. Those who fail to comply with the rules face being taken to court, where they could be issued enforcement orders, forced to pay compensation and legal costs - as well as loss of rent if homes were uninhabitable.

Awaab’s Law is a lasting legacy to two-year-old Awaab Ishak, who tragically died after being exposed to mould at his Rochdale home in December 2020. In the wake of this tragedy, Awaab’s family has fought to secure justice, not only for their son but for all those who live in social housing. 

Housing secretary Steve Reed said: Everyone deserves a safe and decent home to live in and Awaab Ishak is a powerful reminder of how this can sadly be a matter of life or death. 

“Awaab’s family has fought hard for change and their work to protect millions of tenants’ lives will live on as a legacy to their son. Our changes will give tenants a stronger voice and force landlords to act urgently when lives are at risk, ensuring such tragedies are never repeated.”

More of Awaab’s Law will be phased in next year and in 2027.

Concerns over implementation

The Chartered Institute of Environmental Health (CIEH) has also welcomed the introduction of Awaab’s Law but is concerned about how it will operate in practice.

CIEH is concerned that the enforcement of Awaab’s Law will depend, ultimately, on the ability and willingness of tenants to take direct legal action against their landlords. The organisation says it is often difficult for tenants to take legal action themselves. It suggests that taking such action will be particularly challenging for the most vulnerable tenants, who are likely to suffer the most as a result of poor housing conditions.

CIEH is also concerned about a lack of clarity over what constitutes a significant hazard or an emergency hazard and over who is competent to conduct the required investigation of these hazards. It says the resulting ambiguities and loopholes are such that tenants will be able to obtain clarification only through litigation and caselaw. The organisation suggests the lack of clarity will reduce the impact of Awaab’s Law and the potential of this law to protect vulnerable tenants.

Another concern of CIEH is the absence of any clear requirement for those carrying out the investigations to have been trained in the use of the Housing, Health and Safety Rating System (HHSRS), which is the risk-based evaluation tool used by local authorities to assess housing hazards.

CIEH notes that, given the wide variety of forms in which hazards can arise, the problem of lack of clarity over what constitutes a significant or emergency hazard is not removed by the inclusion of examples in government guidance for landlords.

Mark Elliott, president of the Chartered Institute of Environmental Health, said: “We welcome Awaab’s Law as a means of tackling poor housing conditions but are concerned that the most vulnerable tenants are the ones least likely to be able to use the tools in this law.

“We want to see a much greater focus on enabling local authorities to enforce existing legislation and a consolidation of existing legislation.

“We also want to see more awareness and better resourcing of the crucial role played by environmental health practitioners in tackling poor housing conditions in all types of tenure and thereby reducing ill health and saving lives.”

Gavin Smart, chief executive at the Chartered Institute of Housing, said: “We welcome Awaab’s Law as a significant step in ensuring that all social housing tenants live in safe and decent homes.

“It is the culmination of committed efforts by Awaab Ishak’s family and provides an important new framework for addressing serious health and safety concerns, beginning with damp and mould.

“Social landlords have been preparing for this change and have new processes in place to respond to these new requirements.

“We also welcome the new funding to enhance tenant engagement, a vital investment to help build cultures of trust, accountability, and safety in social housing.”

Kate Henderson, chief executive of the National Housing Federation, said: “The quality and safety of residents’ homes is housing associations’ top priority, and today represents an important milestone in our sector’s drive to ensure all our homes are the standard residents deserve.

“Since 2020 housing associations have increased spending on repairs and maintenance by 55%, with plans to spend a further £50bn over the next five years. This is why 90% of our homes meet the decent homes standard, more than all other tenures.

“But as landlords rooted in social purpose, we want all of our residents to enjoy the highest standards of comfort, safety and quality. This is why, following the tragic death of Awaab Ishak, we have supported this law from the beginning and have worked closely with the government to ensure its introduction will provide the most positive outcomes for residents. 

“These reforms, alongside the government’s 10-year funding settlement and commitment to a decade of renewal for social and affordable housing, put housing associations on the sure footing needed to both continue investing in existing homes while having the confidence to build new ones. This will ease overcrowding pressures, which are a major contributor to damp and mould, and get to the root of addressing the housing crisis once and for all.”

Tenant engagement fund

A new £1 million fund has also been launched by the government today to create new ways of helping tenants engage with their landlords and have more influence over decisions that affect them. 

Up to £100,000 will be granted to successful bidders who propose strong ideas for improving communication between landlords and tenants and help tenants have more of a say in how their homes are managed.

Examples of innovative ideas could include online platforms, marketing campaigns or recruiting specialist personnel who can support tenants to improve their experiences in social housing.