With the recent publication of the government’s updated guidance on Awaab’s Law, social landlords now have in their possession definitive guidelines for compliance, just days before the first phase of the landmark legislation comes into force.
The comprehensive 40-page document moves beyond general principles, providing crucial operational detail that should dictate operational implementation.
Phased approach
Awaab’s Law implies a covenant into all social housing tenancy agreements, legally requiring landlords to comply with specific, prescribed requirements. While the existing duty to ensure homes are fit for human habitation and to repair structural defects remains, the new law significantly extends that responsibility to include a rigorous process of investigation and remediation within legally enforceable timeframes.
The new regime will be implemented in a phased approach, as has previously been set out. For now, the sector’s immediate and undivided attention must be on the demands of Phase 1 – focusing on all emergency hazards and all damp and mould hazards.
The core obligations
From 27 October, the moment a social landlord becomes aware of a potential hazard, a strict clock starts ticking. Most elements of this timeline has previously been set out, but the new guidelines provides additional clarification:
- Investigation: Landlords must both investigate potential emergency hazards and undertake relevant safety works within 24 hours. Landlords must investigate and potential significant hazards within 10 working days of awareness.
- Communication: A written summary of the investigation’s findings must be provided to the tenant within 3 working days of its conclusion, unless all required works are completed within that period.
- Remedial work: If a significant hazard is confirmed, relevant safety work must be completed within 5 working days.
- Preventative measures: Steps to begin supplementary preventative work must be taken within 5 working days, with physical work commencing within 12 weeks and finished within a reasonable period.
- Alternative accommodation: Should safety work be impossible within the set timeframes, the landlord must secure and fund suitable alternative accommodation for the household.
- Ongoing engagement: Tenants must be kept informed throughout the entire process, with clear advice on how to remain safe.
We’ve previously noted that the definition of ‘working days’ provides a minor concession, but the tight turnarounds, particularly the 24-hour emergency window, will require robust and responsive operational systems.
Clarifications in the final guidance
The final guidance provides clarity on several points that will be fundamental to effective implementation and legal defence.
‘Emergency’ or ‘significant’?
It is for a landlord to determine whether any particular hazard is an ‘emergency’ or ‘significant’, but in light of the facts of Awaab’s Ishak’s death, it is likely that extensive mould growth will be classed as an emergency.
The guidance states that an emergency hazard is one that, “poses ‘an imminent and significant risk of harm’ to the health or safety of the occupier in the social home.” An ‘imminent and significant risk of harm’ is defined in the regulations as ‘a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe within 24 hours’. In other words, emergencies are those which could cause immediate harm to a tenant if not addressed quickly.
By contrast, significant hazards are stated to be those which, “pose a significant risk of harm to the health or safety of an occupier of a social home,” being risks of harm that a reasonable landlord would take steps to make safe as a matter of urgency.
There is a degree of discretion within the guidance and regulations, but the clear message is that all risk should be addressed, with those which are obviously liable to cause immediate harm to be prioritised above all others.
The trigger of “awareness”
The starting pistol for a landlord’s obligations under Awaab’s Law is the point of “awareness,” being the point in time at which they are made aware and put on notice of a potential hazard. The guidance clarifies that a landlord is deemed aware not only when a tenant reports an issue, but also when a hazard is identified during a routine inspection, or when notified by a contractor, staff member, or regulator.
Notification to a managing agent or contractor is likely to be legally construed as notification to the landlord itself. This makes ironclad internal reporting and escalation protocols with all third-party partners an absolute necessity. The statutory clock imposed by Awaab’s Law starts ticking as soon as the landlord is made aware of the possible hazard.
Right to a renewed investigation
One of the most significant additions is the formal right for tenants to request a ‘renewed investigation.’ If an initial assessment is conducted remotely (such as via video call or photo evidence) and concludes no hazard exists, the tenant can demand an in-person follow-up.
For a significant hazard, this renewed investigation resets the clock and must be completed within 10 working days of the request. This provision prevents remote assessments from becoming a tool for bypassing thorough, physical scrutiny and empowers tenants to ensure proper scrutiny.
The unacceptable lifestyle assumption
The guidance uses forceful and unambiguous language to condemn the attribution of damp and mould to tenant ‘lifestyle.’ It states it is “unacceptable” for landlords to make such assumptions or to withhold investigation or remedial action on this basis.
It emphasises that everyday activities like cooking, bathing, and drying clothes are normal and generate moisture; the landlord’s duty is to address the underlying cause through adequate ventilation and building fabric improvements, not to blame the occupant.
A note on cladding
The guidance explicitly excludes cladding remediation from the scope of Awaab’s Law, classifying it as a complex, long-term project rather than an emergency repair. Fire safety related to cladding remains governed by the Regulatory Reform (Fire Safety) Order 2005 and the Building Safety Act 2022.
However, if a fire safety hazard is reported in a building with cladding issues, the investigation and other immediate safety requirements of Awaab’s Law are still triggered.
The ‘reasonable endeavours’ defence
While the duties are strict, the law provides a defence if a landlord can demonstrate that all “reasonable endeavours” were used to comply, but factors beyond their control prevented it. Examples from the guidance include:
- Inability to gain access despite multiple, documented attempts at different times and via various communication channels.
- Delays in receiving necessary regulatory approvals, provided the application was submitted promptly and correctly.
- An inability to source specialist materials or contractors within the deadline, despite exhaustive efforts.
- A genuine lack of available suitable alternative accommodation in the locality.
The burden of proof for this defence rests entirely on the landlord, making meticulous record-keeping a critical legal safeguard. For example if, despite repeated requests for entry, a tenant refuses to engage with landlord, the landlord should maintain a clear record of the attempts made and responses received.
Ensuring readiness
With implementation imminent, the updatedguideance highlights key areas in which it would be particularly advisable for landlords to conduct a final review:
- Decanting strategy
The duty to provide suitable alternative accommodation will present a major challenge. ‘Suitability’ is subjective, considering space, location, disability needs, and pets. Retaining void properties is impractical, so landlords must have pre-arranged options, such as frameworks with local hotels, agreements with short-term let providers, or partnerships with private landlords. These options all cost however, and with many social landlords operating as not-for-profit, the questions remains – where will this additional funding come from?
- Staff training and cultural change
Frontline staff, particularly in contact centres, are often the first point of contact between a landlord and tenant. They must be trained to recognise the language of potential hazards, differentiate between emergency and significant repairs, and understand the prohibition on ‘lifestyle’ judgements. Over and beyond training, this may require a fundamental cultural shift towards proactive, empathetic, and non-judgemental engagement, as well as appreciation of potential language barrier to effective reporting.
- Contractor management and integration
Given that contractor awareness triggers the legal clock, landlord-contractor relationships must be strengthened accordingly. It would be advisable to review contracts and, where necessary, update them to explicitly require contractors to immediately report any hazards they encounter and to provide all necessary information for tenant summaries. Landlords remain ultimately responsible for their contractors’ compliance.
- Enforcement, redress, and the wider context
Tenants have a clear pathway to redress through the landlord’s formal complaints procedure, the Housing Ombudsman, and ultimately, the county court for breach of contract. Courts can order specific performance (to do the repairs) and award damages and costs. It is also important to understand that Awaab’s Law sits within a wider regulatory web. It does not replace existing duties under the Homes (Fitness for Human Habitation) Act 2018, the Building Safety Act 2022, or the Regulator of Social Housing’s Consumer Standards. Where requirements overlap, landlords must adhere to the shortest applicable timeframe.
The updated guidance on Awaab’s Law marks the beginning of a new, more demanding era for social housing. While the new obligations will undoubtedly strain resources and force difficult, if not almost impossible, prioritisation decisions, they represent a fundamental and necessary step forward. For now, registered provides have less than a year to get used to adhering to Phase 1 requirements, before it steps up a level again to include even more hazards in Phase 2 in 2026.
Bill Dunkerley, associate partner at Pannone Corporate