Awaab’s law

Awaab Ishak was aged two when he died on 21^st December 2020 due to a severe respiratory condition. The Coroner determined the illness was caused by prolonged exposure to mould in the home his family rented from Rochdale Boroughwide Housing. Awaab’s parents had submitted a letter before action against Rochdale Boroughwide Housing, who failed to rehouse or deal with their complaint until it was too late.

There have long been concerns about the quality of social housing in the UK. Awaab’s parents fought for justice and petitioned for legislation to prevent this from happening to anyone else’s child. The petition proposed timescales for investigating reported hazards, requirements for landlords to provide written summaries of their findings, and timescales for commencing and completing necessary repairs, to be measured in weeks.

There is already legislation in place in England dealing with issues relating to housing conditions in the guise of the Homes (Fitness for Human Habitation) Act 2018. This legislation does not specify timescales for landlords to carry out necessary repairs. There is a pre-action protocol for dealing with disrepair in residential properties, which contains specific timescales for each step, but it does not have legislative weight and is a roadmap for dealing with claims before litigation is considered necessary.

The Social Housing (Regulation) Act 2023 was given Royal Assent on 20^th July 2023. ‘Awaab’s law’ refers to section 42 of that statute. This legislation imposes specific requirements for social landlords to investigate and fix reported hazards within listed timescales. Awaab’s Law requires the Secretary of State for Levelling Up, Housing and Communities to set out new legal duties for landlords to address health hazards in social homes within a fixed time. Section 42 came into force on 20^th September 2023. As the title implies, the law relates to properties in the social housing sector. Secondary legislation is going to be put onto the statute books providing details of the requirements. The proposed timescales would require landlords to investigate issues within two weeks and commence repairs within 7 days and emergency work within 24 hours.

The current Renters’ Rights Bill proposes plans to extend Awaab’s law to private rented sector tenancies too. The Housing Ombudsman has issued guidance to landlords specifically relating to damp and mould, highlighting a need to take a zero-tolerance approach, and discouraging blaming tenants.

Based on these legal developments over the last two years, all landlords will have to deal quickly with problems in their property. The progression of Awaab’s law into primary and secondary legislation is a warning for all landlords (not just those in the social housing sector) to have in place robust measures to prevent hazards affecting the health and safety of their tenants.