Preparing for Awaab's Law Phase 2

The UK government has published its long-awaited guidance on Phase 2 of Awaab's Law, providing greater clarity on the statutory obligations that will apply to social landlords in England from 30 November 2026.

While Phase 1 focused primarily on damp and mould alongside emergency hazards, Phase 2 represents a significant expansion of the statutory regime.

Registered providers and local authorities will need to ensure that their compliance systems can identify, assess and respond to a much wider range of hazards within the newly prescribed statutory timescales.

They must also comply with deadlines for other hazards identified under the Housing Health and Safety Rating System (HHSRS) – except for overcrowding – if they count as emergency hazards posing an imminent and significant risk of harm to tenants that a reasonable landlord would make safe within 24 hours.

These duties include investigating reported hazards, keeping tenants informed throughout the process, carrying out relevant safety works within prescribed timescales and, where necessary, providing suitable alternative accommodation. They apply when the hazard arises from a deficiency in the social home, or other building or land, for which the landlord is responsible.

These requirements marked a significant shift away from the established position, where response times were largely governed by general repairing obligations and an assessment of reasonableness when determining how long remedial works should take.

The references to a reasonable landlord above should not be forgotten. If a reasonable landlord would not be able to make something safe within 24 hours (emergency hazards) or 15 working days (significant hazards), then it would fall outside the scope of Phase 1 – for example, if large-scale structural work was required.

The work may still be required to comply with other legislation, but the Awaab's Law timescales would not apply.

Government guidance confirms that the additional categories include:

• excess cold
• excess heat
• falls
• structural collapse and explosions
• fire
• electrical hazards and
• domestic and personal hygiene and food safety hazards.

Social landlords will be required to triage hazards on a case-by-case basis, with consideration for the tenant's unique circumstances and vulnerabilities, including their age and physical and mental health. As such, what constitutes an emergency or significant hazard for one household may not be the same for another.

These hazards will become subject to the same statutory response framework that currently applies to damp and mould. Landlords will therefore need systems capable of identifying whether reported defects fall within the expanded scope of Phase 2 of Awaab's Law. 

The statutory response framework is as follows.

• Emergency hazards must be investigated and made safe within 24 hours. Where this is not possible, suitable alternative accommodation must be provided where required.
• Significant hazards must be investigated within 10 working days of the landlord becoming aware of the issue.
• Following the investigation, landlords must provide the tenant with a written summary of the finding within three working days. Helpfully, the government's Phase 2 guidance includes a precedent written summary document that landlords can adapt when communicating the outcome of an investigation to tenants.
• Any further works required to prevent a significant risk of harm should commence within five working days of the investigation being completed, although there is a 12-week backstop.

Many reports received by landlords will not neatly identify a particular HHSRS hazard. Instead, frontline staff will need to gather sufficient information to determine whether the reported issue could amount to a prescribed significant or emergency hazard requiring a statutory response. A clear audit trail will also be vital.

The guidance encourages landlords to adopt clear escalation procedures, ensure staff receive appropriate training and maintain accurate records demonstrating how decisions have been reached.

Effective triage will be critical in ensuring that statutory deadlines begin promptly and that appropriate investigations are commissioned without delay.

For many organisations, Phase 2 will require greater collaboration between housing management, repairs teams, surveyors and legal services than has previously been necessary.

Failure to comply with Awaab's Law may expose landlords not only to regulatory intervention but also to complaints, civil claims and reputational damage.

The government's guidance is comprehensive and intends to pre-empt any practical questions that may arise when a landlord assesses a notification under Awaab's Law after 30 November.

A version of this article was previously published by Bevan Brittan in August. The article reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to any specific matter.

RICS' Damp and mould consumer guide covers common sources of moisture, the impact on health and ways to deal with dampness. It offers advice for homeowners, tenants, landlords and managing agents, as well as case studies and useful links to additional resources.