Awaab’s Law – Phase 1 to come into force in October 2025

Following the tragic death of Awaab Ishak in December 2020, the UK Government set out its plans to eradicate the hazard of damp and mould and generally improve living standards in social housing.

Initiated by the previous Conservative government, these plans have been progressed by the current Labour government and the much awaited draft non-statutory guidance for social landlords was published on 25 June 2025. This introduces the Social Housing (Prescribed Requirements) (England) Regulations 2025, also known as Awaab’s Law. Subject to Parliamentary approval, Phase 1 of these Regulations will come into force on 27 October 2025.

From this date, social landlords will have to address all emergency hazards and all damp and mould hazards that present a significant risk of harm to tenants within fixed timeframes.

What is a hazard?

Awaab’s Law defines two categories of hazard:

• Emergency hazards: pose an imminent and significant risk of harm, including gas leaks, electrical hazards, loss of water supply, and damp and mould that is having a material impact on a tenant’s health.
• Significant hazards: pose a significant risk of harm to the health and safety of a tenant, such as damp and mould.

Time limits

Time limits are very tight and commence when the landlord becomes aware of the issue.

• Emergency hazards are to be investigated and safety work, if required, carried out within 24 hours.
• Significant hazards to be investigated within 10 working days and safety work carried out within 5 working days of the investigation.

Alternative accommodation

If the landlord is unable to complete the relevant safety work within the initial remediation period they must provide suitable alternative accommodation taking into account various criteria including space, disability or medical needs. This can be in vacant housing stock, private rented homes, hotels or B&Bs.

Communication

Throughout the whole process, social landlords should keep the tenant fully informed. Under the Regulations, landlords are required to produce a written summary of their findings to the tenant within three working days. Communication will be key to considering the defence of reasonableness if a claim is brought under Awaab’s Law.

Available defence

Since the Housing Ombudsman’s spotlight report on damp and mould in October 2021, ‘lifestyle’ has no longer been a valid defence for damp and mould claims. These new Regulations make it clear that it is unacceptable for social landlords to assume that the cause of a hazard, such as damp and mould, is due to the tenant’s lifestyle.

Social landlords will however have a defence of reasonableness, if they can evidence, with good clear records, that they have taken all reasonable steps to comply with the Regulations. Or, if they have been unable to comply, that it is for reasons genuinely beyond their control, such as being unable to secure specialist workers or materials, or lack of access. It will be up to the Court to decide if this defence is adequate.

Impact on claims

Housing disrepair claims are already on the rise and have been for the past few years. The implementation of Awaab’s Law is likely to see a further increase in claims.

Until such time as housing disrepair claims attract the fixed recoverable cost regime (which could ultimately limit the level of costs recoverable), we predict that the number of claims will continue to increase.

Looking to the future

Finalised guidance, together with a tenants guidance, will be published ahead of Awaab’s Law coming into force in October.

In 2026, Phase 2 will see the Regulations extended to include hazards such as excess cold and excess heat, falls, domestic and personal hygiene and food safety.

In 2027, Phase 3 will extend to all remaining Housing Health and Safety Rating System hazards, apart from overcrowding, where they present a significant risk of harm.

It is important therefore that social landlords prepare now for the future expansion of Awaab’s Law.

Comment

Social landlords will need to have in place a dedicated, experienced team in order to triage reports of emergency and significant hazards. They will also need to implement a system to ensure inspection and repairs are carried out within the specified timeframes.

It is vital that social landlords hold good quality information about their properties and tenants, so that they can assess circumstances that might make a tenant more vulnerable to a hazard, such as age, health and disability.

Reminding tenants of the internal complaints procedure or the Housing Ombudsman is likely to ensure the issues are addressed more quickly and cheaply than pursuing the issue through the Courts. If social landlords comply with Awaab’s Law, legal claims are less likely to be pursued.

Related items

Awaab’s Law: Consultation on timescales for repairs England on damp and mould
Trends in disrepair and complex housing claims
The risks of damp and mould: considerations for landlords.