Summary of Awaab’s Law

Purpose: Awaab’s Law aims to protect tenants in social housing from the harmful effects of damp and mould by enforcing strict timelines for landlords to address these issues. The law was inspired by the tragic death of Awaab Ishak, a two-year-old who died due to a respiratory condition caused by extensive mould in his family’s social housing.

Key Provisions:

  1. Strict Time Limits for Landlords:
    • Hazard Investigation: Landlords must begin investigating reported hazards within 14 days.
    • Reporting: A written report detailing the hazard, its solution, and a timeframe for resolution must be provided within 14 days.
    • Repair Initiation: For significant health or safety risks, repair work must begin within 7 days.
    • Emergency Repairs: Must be completed within 24 hours.
    • Repair Completion: Work should be finished within a “reasonable time period” as defined by the Landlord and Tenant Act 1985.
    • Alternative Accommodation: Must be offered if repairs cannot be completed within the specified timeframes.
    • Record Keeping: Landlords must maintain a clear record of all communications and actions related to repairs.
  2. Tenant Protections and Rights:
    • Tenants will not be held responsible for the presence of damp or mould, which will not be attributed to their lifestyle choices.
    • New rules will be included in tenancy agreements, allowing tenants to hold landlords legally accountable.
  3. Landlord Obligations:
    • Decent Homes Standard: Ensure properties meet this standard and address any issues promptly.
    • Assessment and Action: Regularly assess properties for damp and mould, and take swift action to remedy issues.
    • Self-Referral: Landlords must self-refer to the Regulator of Social Housing if they discover breaches of regulatory standards.
  4. Government Guidance and Enforcement:
    • DLUHC Guidance: Provides detailed instructions for landlords to ensure compliance.
    • Regulatory Powers: The Regulator of Social Housing can issue unlimited fines and enter properties with 48 hours’ notice for emergency repairs.
  5. Future Developments:
    • Awaab’s Law, part of the Social Housing (Regulation) Act, is expected to be enacted by the end of 2024.
    • Consultation findings are being analyzed, with secondary legislation to follow for full enforcement.

Implications for Landlords:

  • Landlords must proactively address the underlying causes of damp and mould, such as inadequate ventilation or structural issues.
  • Compliance requires both reactive maintenance and proactive planning to prevent future issues.

Conclusion: Awaab’s Law represents a significant step in reforming social housing, ensuring tenants’ safety and health are prioritized by mandating swift and effective action against damp and mould. This legislation empowers tenants and holds landlords accountable, aiming to prevent future tragedies similar to that of Awaab Ishak

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