In response to the tragic death of 2-year-old Awaab Ishak, who died as a result of exposure to severe damp and mould in his social rented home, the government has introduced section 42 Social Housing Regulation Act 2023.
Section 42 inserts a new section 10A into the Landlord and Tenant Act 1985, implying a term into social housing tenancies in England to ensure landlords comply with new requirements to address a wide range of hazards (including damp and mould), within specified timeframes. Failure on the part of the landlord to comply with the requirements can constitute a breach of covenant and put them at risk of a compensation claim in the county court and/or a complaint to the Housing Ombudsman.
The provisions have become known as ‘Awaab’s Law’. The intention is they will prevent another similar tragedy occurring. Regulations are due to be published confirming the precise scope of Awaab’s Law and, in particular, the nature of the requirements and timescales that social landlords will need to follow. On 9 January 2024, the government opened a consultation, effectively seeking views on what these regulations should look like. In summary, the consultation asks:
- whether Awaab’s law should apply to all 29 of the health and safety hazards set out by the Housing Health and Safety Rating System (HHSRS)
- what the timescales should be for initial investigations, for the start of repair works and for completion of the works
- what the timescales should be for emergency repairs
- views on the requirements to be placed on landlords to provide written summaries of their findings and to maintain adequate record keeping
- what the circumstances should be in order for properties to be temporarily decanted
You can read the consultation on Awaab’s Law on GOV.UK. The consultation is open until 4 March 2024. Local Citizens Advice offices may wish to respond.
The introduction of Awaab’s Law follows the publication of a number of reports and guidance: