Government statement provides update on Awaab’s Law

2025 will be a year of significant change for the social housing sector. Some changes are welcome: new funding for registered providers promised in the October budget by way of rent increase powers, and cash injections for new affordable homes offer a welcome boost at a time of financial pressure.

Registered providers will also, however, become subject to more onerous legislation with regard to the quality of housing stock they can provide and the terms on which they can deal with tenants – especially in relation to evictions.

Two key new pieces of legislation are the Renters Rights’ Bill which, at the date of this article, is at committee stage in the House of Lords and is expected to reach the statute books in the Spring of 2025; and Awaab’s Law, the focus of this article.

On 6 February 2025, the Secretary of State for Housing Communities and Local Government announced that regulations implementing Awaab’s Law will be phased in from October 2025.

Awaab’s Law: a reminder

Awaab’s Law was created by the Social Housing (Regulation) Act 2023, following the tragic death of Awaab Isak at the age of two, as a direct result of his exposure to mould.

The Social Housing (Regulation) Act 2023 introduced a new section 10A of the Landlord and Tenant Act 1985 (LTA 1985) which contains the substantive provisions known as “Awaab’s Law”.

Section 10A came into force on 20 September 2023. Subsection 2 implies a term into social housing leases in England that lessors will comply with all “prescribed requirements” applicable to that lease.

“Prescribed requirements” is defined as any requirement specified by subsection 3, which states that the Secretary of State:

“must make regulations which require the lessor under a lease to which this section applies to take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations.”

Hazard is broadly defined as meaning anything causing a:

“risk of harm to the health or safety of an actual or potential occupier of a dwelling…which arises from a deficiency in the dwelling…or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise)” (section 2(1) Housing Act 2004).

To date, no regulations have been introduced under section 10A(3) LTA 1985. Registered providers have therefore been awaiting details about:

• When regulations compelling social landlords to take action in relation to prescribed hazards will come into force
• How “prescribed hazards” will be defined
• What periods lessors will need to take action in relation to prescribed hazards.

The Secretary of State’s announcement

As well as informing registered providers about when regulations for Awaab’s Law will be introduced, the Secretary of State’s announcement also provides greater details about what will constitute prescribed hazards and the timescale in which social landlords will have to remedy such hazards.

The Secretary of State intends to implement Awaab’s Law in phases, which are as follows:

• Phase 1 – From October 2025, social housing provider landlords must address damp and mould hazards presenting a significant risk of harm to tenants within a timescale to be specified within the regulations. Social landlords will also have to address emergency repairs relating to any hazard as soon as possible and within no longer than 24 hours.
• Phase 2 – In 2026, repair requirements will apply to hazards including excess cold and heat, falls, structural collapse, fire, electrical and explosions and hygiene hazards.
• Phase 3 – In 2027, repair requirements will extend to all remaining hazards which are defined by the Housing Health and Safety Rating System (except for overcrowding). These hazards are listed in Schedule 1 to the Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005/3208).

The rationale for phasing in Awaab’s Law is to prioritise “the protections that Awaab’s Law provides to damp and mould”; and to “provide for an initial period of testing and learning to ensure reform is being delivered in a way that benefits social tenants.”

The Secretary of State also announced additional reforms the Government intends to bring forward in 2025. These include:

• The introduction of a new Decent Homes Standard and minimum energy efficiency standards to tackle disrepair, safety and heating issues in social rented properties;
• Legislation requiring social landlords to carry out electrical safety checks at least every five years and mandatory appliance inspections on appliances supplied by the landlord;
• The introduction of new access to information requirements for private registered providers;
• New standards for competence and conduct of staff.

Our thoughts

The imminent introduction of Awaab’s Law will be of great significance to registered providers.

Social landlords will need to consider whether they have the capacity to remedy hazards within what are likely to be short timeframes proscribed by the regulations.

Damp and mould problems can stem from structural issues with the building itself, which can be irremediable without extensive renovation or even demolition and reconstruction.

This is rarely an option for social housing providers already struggling to source appropriate housing stock due either to shortages of supply or financial constraints.

Social housing rent rises and cash injections for social housing providers announced in the October budget may help defray some of the costs, but registered providers will still need to give serious consideration as to how best to meet the financial burdens which will be imposed by Awaab’s Law and the Renters’ Rights Bill.

Moreover, private residential housing providers will also need to watch keenly how the provisions of Awwab’s Law are implemented.

The Renters’ Rights Bill as currently drafted will extend Awaab’s Law to the privately rented sector.

Sources:

1. Improving the quality of social housing and strengthening tenant voice: Statement made on 6 February 2025.
2. Government announces phased implementation of obligations on social housing landlords to fix hazards under Awaab’s Law (PLC Article).
3. Landlord and Tenant Act 1986 (sections 10 and 10A).
4. Housing Act 2004 (Section 2 – for definition of hazard).
5. Draft Renters’ Rights Bill.

If you are a social housing landlord and require legal support for this or any other aspect of property construction or governance related law, contact us today at enquiries@sharpepritchard.co.uk.

This article is for general awareness only and does not constitute legal or professional advice. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email enquiries@sharpepritchard.co.uk