Awaab’s Law: A New Dawn for Tenant Safety

Following the tragic death of two-year-old Awaab Ishak from a mould-related respiratory condition, the first phase of a new law came into force on 27 October 2025, mandating that landlords must investigate and rectify, within strict statutory timeframes, dangerous living conditions in their properties. Known as ‘Awaab’s Law’, the ‘Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025’ applies to landlords in the social housing sector, including housing associations and local authorities. These obligations will extend to private rentals following the Renters’ Rights Act receiving Royal Assent on 27 October (with phased implementation from 2026 to 2027).

Not only does this landmark legislation impose a number of strict obligations upon landlords to ensure tenant safety, it also has significant implications for managing agents, as considered below.

Key reform provisions

From October 2025 (Phase One), Awaab’s Law will focus on the following health hazards:

• damp, mould and fungal growth; and
• emergency hazards (those posing immediate and significant risk to tenants’ health and safety).

From 2026 (Phase 2) the range of hazards will widen, to include:

• excessive cold or heat;
• health and hygiene risks;
• noise; and
• fire and electrical hazards.

2027 will see the incorporation of all outstanding hazards (except overcrowding).

A relevant hazard must relate to the social home or other building or land under the social landlord’s responsibility and be within their control to fix. It must result from defect, disrepair or lack of maintenance, not resulting from a breach of contract by the tenant. Landlords remain bound by other statutory and regulatory requirements including the Defective Premises Act 1972, the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. Notably the regulations do not extend to hazards presented by cladding issues, to which other legislation applies.

Deadlines for investigation and remediation

The following obligations and deadlines apply upon notification of a relevant hazard:

1. To make an immediate initial assessment to see if there is an emergency. In most instances, this assessment could be done by phone based on the tenant’s feedback.
2. To investigate ‘emergency’ hazards within 24 hours and to complete relevant safety works within a further 24 hours.
3. If there is not an emergency but there is a significant damp or mould hazard, to investigate within 10 working days and then to remediate the issue within a further 5 working days.
4. To provide a written summary of the investigation findings to the tenant within 3 working days after the investigation concludes, detailing what remediation work is to be done.
5. To secure the provision of suitable accommodation for the tenants (at the landlord’s expense) if investigation/remediation cannot be completed within the prescribed timeframes.
6. To complete any supplementary preventative works within a reasonable timescale.

‘Emergency Hazard’ or ‘Significant Hazard’?

The regulations state, at Part 1, section 3, that an ‘emergency hazard’ is one that poses “an imminent and significant risk of harm” to the health or safety of the occupier. An ‘imminent and significant risk of harm’ is defined as “a risk of harm to the occupier’s health or safety that a reasonable lessor [social landlord] with the relevant knowledge would take steps to make safe within 24 hours”.

The same section defines a ‘significant hazard’ as one that “poses a significant risk of harm” to the health or safety of the occupier. A ‘significant risk of harm’ means “a risk of harm to the occupier’s health or safety that a reasonable lessor [social landlord] with the relevant knowledge would take steps to make safe as a matter of urgency (but not within 24 hours)”.

When deciding which classification applies, both the severity of the damp issue and any tenant’s vulnerabilities (for example, the presence of children or elderly tenants in the affected property, or those with particular health conditions) should be considered.

Managing agents

Managing agents (’agents’) will be required to play a pivotal role in advising landlords of their new obligations and facilitating compliance. They will likely assume responsibilities for reporting hazards to their clients and pursuing remedial action. Agents will need to familiarise themselves with The Ministry for Housing Communities and Local Government’s guidance document ‘Awaab’s Law: Guidance for social landlords – Timeframes for repairs in the social rented sector’.

The timeframes imposed for taking action are triggered by the landlord becoming aware of the potential hazard. Notification of a potential hazard to the landlord’s agent is likely to establish relevant awareness for this purpose; therefore, agents must inform their clients immediately and advise of the investigation and remediation timeframes applicable. This requires an assessment of the likely risks, and consideration of the particular circumstances and vulnerability of the occupants to the hazard in question. Contractors may also be notified of hazards and agents would be advised to make clear to contractors that they should promptly relay any reports of potential hazards made to them.

Prompt action will have to be taken to ascertain whether the potential hazard is one arising from a defect or deficiency in the property or from other buildings or land for which the social landlord is responsible and to identify and remedy the root cause.

Care will need to be taken to ensure that, depending on the nature of the potential hazard reported, appropriately qualified specialists are engaged to investigate and address the issues. Agents will want to impress upon any contractors the statutory timeframes with which works must comply (and to highlight potential liabilities for default) and take steps to satisfy themselves that works are progressing as required. They will also need to ensure timely compliance with the duty to provide a written summary to tenants of the investigations undertaken.

Social landlords can defend non-compliance if they can demonstrate that they have used all reasonable endeavours to comply with their regulatory obligations and that failure was beyond their control.  Disputes may arise where an agent is unable to provide adequate evidence to sustain a reasonable endeavours defence. Claimants will be able to obtain relevant documentation pursuant to the Pre-Action Protocol for Housing Conditions Claims (England), or through a complaint to the Housing Ombudsman Service. Agents will, therefore, want to ensure that the timeline from the initial notification of a hazard is documented meticulously, including for example the manner and frequency of attempts to secure access, the efforts taken to obtain any necessary approval for works or to source specialist contractors or materials, or to secure suitable alternative accommodation. Without being able to provide a detailed account of efforts to comply, landlords will struggle to demonstrate that a breach was unavoidable.

Commentary

Awaab’s Law is one of the most significant pieces of legislation in recent years to impact landlords of social housing and those responsible for its management. The application of the regulations into the private rental sector with the recent passage of the Renters’ Rights Act will extend these obligations further and require a universal standard to be applied throughout the industry.

To achieve the required improvements to tenant safety, the regulations impose strict timeframes for compliance, posing a particular challenge where remediation of the underlying problem may be complex, and managing agents must ensure that they and their clients are able to meet these demands.

Beale & Co have extensive experience advising on complex professional negligence claims. If you are interested in discovering more about the issues covered above or wish to understand how these apply to your contracts or business practices, please contact Martin Jensen or Joanna Lewis.