In a written statement, the Secretary of State for Housing, Communities and Local Government has announced the timescales for the implementation of Awaab’s Law – i.e when the specific regulations will take effect.
For social housing, this is:
October 2025 for damp and mould hazards. Also all emergency repairs to be addressed within 24 hours from this point.
At some point in 2026, the requirements will apply to a “wider range of hazards” including “excess cold and excess heat; falls; structural collapse; fire, electrical and explosions; and hygiene hazards.”
At some point in 2027, the requirements will apply to all HHSRS hazards (save for overcrowding).
(Excluding overcrowding makes sense. As I’ve commented here before, it is hard to see what the landlord’s response could be, let alone within a strict timescale.)
For the private sector, once the Renters’ Rights Bill is passed, extending Awaab’s Law to the private sector, there is to be a consultation on the implementation of that, including timescale.
The Govt’s consultation response on the specifics of Awaab’s Law – the timescale within which works are to be commenced, etc. will be released soon, so we will then know what will be in the regulations. However, it is already clear that it will (eventually) apply to all HHSRS hazards apart from overcrowding.
The staggered introduction is doubtless at the urging of social landlords, but it will make life complicated for housing lawyers, no matter for whom they are acting (and also for me in thinking about a potential new edition of Housing Conditions: Tenants’ Rights). Nobody ever thinks of the housing lawyers…
Awaab Ishak died December 2020, coroner’s report November 2022. October 2021 first Housing Ombudsman report on Damp & Mould – it’s not lifestyle. Second follow-up report February 2023. Third Learning from Severe Maladministration – timeliness October 2024. Case law since 20 March 2020 under Homes (Fitness for Human Habitation) Act 2018 like Dezitter-v-Hammersmith & Fulham Homes 7/11/2023 or Jillians-v-Red Kite Community Housing : 24/9/2024!
‘staggered introduction’ is understandable BUT there is enough evidence above to indicate social landlord should be tackling damp & mould now not some unspecific date later this year / next year etc?
Housing minister Matthew Pennycook in press release promises in coming months to consult on new Decent Homes Standard – review has been ongoing since February 2021 – more delay then. Minister also says government will legislate to require social landlords to carry out electrical safety checks at least every five years – someone tell me whether s.11 Social Housing (Regulation) Act 2023 is already in force or not? Rant over.
I think you have missed the point of Awaab’s Law. It doesn’t add extra duties, but will give a statutory timescale within which the landlord must *start* to remedy defects/hazards. At present, the landlord has an unspecified ‘reasonable time’ in common law to deal with reported repairs or defects. Of course the landlord is currently (after Fitness for Human Habitation) under a specific duty to address mould, but Awaab’s Law will set a specific timescale to start to do so.
ON s.11 SH(R)A 2023 – yes it is in force, but no regulations have yet been made under s.122 Housing and Planing Act 2016 (as amended) to require the 5 year regime for social landlords. So, you know, legislation is required…
Why is all this professed to be new law when it is already the law always implied into the responsibilities of a competent landlords. I think the media ought to take a short course on law before they report on matters like this. It contionues to shock and appal me that we still do not have a complete case law database ( as thay have had in Australia for decades) and instead every time the media makes a fuss over one issue or another the response id “oh we must have a new statute to cover this …”
I think you have missed the point of Awaab’s Law. It doesn’t add extra duties, but will give a statutory timescale within which the landlord must *start* to remedy defects/hazards. At present, the landlord has an unspecified ‘reasonable time’ in common law to deal with reported repairs or defects. Awaab’s Law does address a specific lacuna in the current law.
It seems hard to see how this new law will have much significant effect, at least in the social housing sector. Whilst the term reasonable is ambiguous, cases that end up issued at court with regards to damp and mould will in all likelihood be hard to deem as reasonable in any event.
New legislation that brings clarity is all well and good, but law is only as good as the ability to enforce, and the courts are wildly backlogged, delaying the progression of the case.
One of the things that came up in the hearing for the tragic case was the complexities and contradictions of the protocol in relation to CFA agreements. Social housing tenants typically do not have disposable income to directly fund solicitors, (or they would not be in social housing), and it is necessary for legislation to accept that tenants are likely to be funded under cfas.
Having clarity as to the period within which issues must start to be addressed will be a significant improvement on the ambiguity of ‘a reasonable period’. The hope would be that tenants will not need to enforce very often.
On CFAs, the protocol and the Awaab Ishak case, I don’t think those were an issue. What was a concern was the suggestion of bad practice (against the protocol) in the solicitors seeking to require their agreement to works (and the landlord agreeing to that as a reason to delay works). That is straightforwardly wrong and not a part of the protocol.
Hence, why my previous point of Local Authorities should be issuing Improvement Notices.
A local authority can’t issue improvement notices against itself. And the statutory timescales in Awaab’s Law will be of use to local authorities in determining timescales for improvement notices.
I tried to find a copy of the Property survey report, ( on Awaab’s flat ) has anyone else managed to find – read it ?
Which one?