Awaab’s Law consultation launches

A consultation asking landlords how and when Awaab’s Law should be introduced to the private rented sector has been launched today.

Awaab’s Law was created following the death of two-year-old Awaab Ishak, who died in 2020 following prolonged exposure to severe damp and mould in his socially rented home. 

The law, which requires landlords in the social sector to investigate serious hazards – and remedy them within legally set timeframes – is set to be rolled out to the private rented sector under the Renters’ Rights Act. 

The new consultation will ask you, along with other stakeholders including tenants, charities and other housing professionals, how the protections should work and when they should be introduced.

Existing protections

Private landlords in England already face fines of up to £7,000 if a Category One hazard is found in any of their rental homes, under the Housing, Health and Safety Rating System (HHSRS), a set of existing protections revised in England this summer. 

These hazards include damp and mould, along with other issues including trip and fall hazards, excess cold and fire risks. 

The proposed changes being brought in under Awaab’s Law will introduce strict timescales that landlords will need to adhere to when remedying these issues.

How does Awaab’s Law work in the social rented sector?

In the social sector if something in a property is considered dangerous, landlords have an obligation to: 

• investigate the problem and 

• make it safe within 24 hours 

For serious but not immediately dangerous issues landlords must:  

• Investigate within 10 working days. 

• Tell the tenant what’s wrong and what they’ll do within three working days in a written summary. 

• Carry out urgent safety work within five working days of the investigation, meaning the property will be made safe within 15 days or less. 

• Start longer-term repairs within 12 weeks. 

In the social sector landlords make the initial assessment as to whether an issue is immediately dangerous, and they must communicate decisions to tenants and follow a clear safety framework. 

Tenants can challenge decisions through routes like complaints processes, councils’ housing departments, the courts and the Housing Ombudsman.

What will this new consultation include?

[Need to add what the consultation is actually proposing here when we see the document] 

What will we say in our response?

We support the introduction of Awaab’s Law, and in our response will stress the need for the new regulation to take into account the context of the PRS and the way the sector operates. 

Unlike large scale social landlords, the vast majority of you are individuals, without in-house teams to address repair issues immediately, something that will need to be taken into account when setting timescales. 

While we recognise the importance of timely repairs, it is also essential that competent, or in some cases specialist, tradespeople are used. This can sometimes take time to arrange. 

Rushing to use the first available tradesperson in order to meet regulations may cause greater harm to the tenant if the quality of work is poor. 

In such cases we believe it may be appropriate for you to secure a temporary fix in an emergency, while a permanent solution is arranged. 

We will also stress the need for positive communication between all parties and that the rules take into account some reporting with be from a third party – the tradesperson – something that is outside your control as the landlord. 

This is also a prime opportunity for the government to recognise, and address, the lack of skilled tradespeople and to support training to ensure landlords across the country can access the qualified tradespeople they need.

Unimaginable tragedy

Following the announcement of the consultation our chief executive Ben Beadle said: “The death of Awaab Ishak due to dangerous conditions in a social rented home was an unimaginable tragedy that should never have happened.  

“The law in his name must ensure that no landlord, regardless of sector or size, can expect to get away with letting sub-standard, dangerous housing. 

“Today’s consultation rightly recognises that there are important differences between the private and social rented sectors, and for the law to be effective, it must be designed and applied appropriately. 

“However, changing the law means nothing unless it is properly enforced without exception or favour, and irrespective of tenure. For too long bad actors across the rental sectors have been able to ignore standards and regulations already in place because the chance of being held to account is too remote to cause concern. This must change. 

“Alongside consulting on these measures, the Government needs to deliver on its aspirations and put their words into action. All good landlords are united in the desire to root out those rogue and criminal operators who put tenants at risk and undermine the reputation of the compliant majority. More regulation alone will not achieve that.”

More information

• The consultation will run until 18th December and can be accessed here. 
• You can read more about HHSRS and your responsibilities in our members’ guide here.   
• The NRLA runs a property standards and safety course outlining your obligations, which has updated to include the new HHSRS rules. To find out more and to book your place click here.  We also run a dedicated HHSRS training course which you can find our more about here.
• You can visit our dedicated Renters’ Rights Hub here.