Awaab's law guidance outlines compliance requirements

The UK government recently published draft, non-statutory guidance for social landlords relating to The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.

Also referred to as Awaab's law, the regulations were introduced through the Social Housing (Regulation) Act 2023. They insert into social housing tenancy agreements a term requiring landlords to comply with the requirements set out in these regulations.

Awaab's law – named for toddler Awaab Ishak, who died in 2020 from a severe respiratory condition directly related to mould and dampness in his Rochdale home – applies to almost all social housing occupied under a tenancy and let by a registered provider.

Exemptions include temporary accommodation, supported accommodation or those occupying by way of a licence. It also does not apply to long leasehold or other owner-occupied accommodation or low-cost home ownership, including shared ownership.

As well as inviting feedback from registered providers on clarifications or additional information needed (referred to as a 'test and learn' approach), the government also confirmed that the regulations will come into force in phases starting on 27 October.

Registered providers should follow the draft guidance to ensure compliance with the requirements.

The guidance defines these time frames in relation to the significance of the risk to the health and safety of the occupiers as a result of the hazard, as follows.

• Significant hazards pose a 'significant risk of harm' to the health and safety of a social housing tenant, and a reasonable lessor with the relevant knowledge would act as a matter of urgency.
• Emergency hazards pose an 'imminent and significant risk of harm' to the health or safety of a social housing tenant, so a reasonable landlord would act within 24 hours.

Under the new regulations, social landlords must:

• investigate any potential emergency hazards and, if confirmed, undertake relevant safety work within 24 hours of becoming aware of them
• investigate any potential significant hazards within 10 working days of becoming aware
• produce a written summary of the investigation's findings and provide this to the named tenant within three working days
• undertake relevant safety work within five working days of the investigation's conclusion if it identifies a significant hazard
• begin, or make preparations for, any further required works within five working days of the end of the investigation, if this has identified a significant or emergency hazard; if preparations cannot be made to begin work within five working days, this must still be done as soon as possible and physically start within 12 weeks
• satisfactorily complete works in a reasonable time
• secure the provision of suitable alternative accommodation for the household, at the social landlord's expense, if relevant safety work cannot be completed within specified time frames
• keep the named tenant updated throughout the process and provide them with information on how to keep safe.

For a hazard to be in the scope of the repair requirements under Awaab's law, it must:

• be a part of buildings or land for which the social landlord is responsible
• be the landlord's responsibility to fix
• result from defects, disrepair or lack of maintenance
• be a significant or emergency hazard
• not be damage that is a result of the breach of contract by the tenant.

Such hazards include issues that could cause immediate harm to the health or safety of tenants if not addressed quickly, including gas leaks, broken boilers, a total loss of water supply and, notably, prevalent damp or mould that is having a material impact on a tenant's health.

To help landlords determine whether damp or mould is a significant or emergency hazard, the draft guidance advises that factors such as the findings of a contractor's investigation, a tenant's medical symptoms and vulnerability, and the location of the mould should all be considered.

Landlords are reminded to abide by their legal duties to keep homes safe and fit for habitation by carrying out necessary repairs, with particular emphasis on preventing category 1 hazards under the Housing Health and Safety Rating System (HHSRS), which are a serious and immediate risk to a person's health and safety.

Non-compliance with these requirements could see named tenants take legal action against landlords for breach of contract. Tenants would also be able to raise concerns using the social landlord's complaints procedure and Housing Ombudsman Service.

Social landlords will have a defence for failure to comply with requirements if they can prove they have used all reasonable endeavours to avoid the hazards, meaning they have taken all reasonable measures but these have not been effective due to factors beyond their control.

In 2026, for instance, the following hazards will be covered by the regulations where they present a significant risk of harm:

• excess cold and excess heat
• falls associated with baths, on level surfaces, on stairs and between levels
• structural collapse and explosions
• fire and electrical hazards
• domestic and personal hygiene
• food safety.

In 2027, the regulations will be extended again to cover all remaining HHSRS hazards, apart from overcrowding, where these present a significant risk of harm.

The application of Awaab's law will be fact specific, and therefore the onus is on social landlords to make their own judgement as to what the law may require in particular cases.

To prepare appropriately, social landlords should create policies with suitable governance and oversight to ensure that they are applied consistently, as well as being fit for purpose.

The government will publish finalised guidance before Awaab's law comes into force in October, along with guidance for tenants.

A version of this article was previously published by Bevan Brittan in June. 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.