Today – 27 October 2025 – the regulations implementing phase 1 of Awaab’s Law came into force. The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 cover ‘significant hazards’ of damp, mould and fungal growth, and ’emergency hazards’ of all the HHSRS hazard categories except for overcrowding.

This is a summary overview of the key terms and provisions.

Section 10A Landlord and Tenant Act 1985

Applies to ‘relevant social housing leases’ in England, where s.9A  LTA 1985 applies.

Implied term in lease that lessor will comply with ‘all prescribed requirements that are applicable to that lease’.

Enforceable only through action for breach of covenant, for specific performance.

Defence that ‘lessor used all reasonable endeavours’ to avoid the breach.

The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 

In force on 27 October 2025.

Key terms

Competent investigator – a person that, in the reasonable opinion of the lessor, has the skills and experience necessary to determine whether a social home is affected by a significant hazard or emergency hazard.

Emergency hazard – a relevant hazard that poses an imminent and significant risk of harm to the health or safety of an occupier of the social home

Imminent and significant risk of harm –  means a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe within 24 hours.

Relevant hazard for emergency – a prescribed hazard (except for lack of adequate space for living and/or sleeping).

Significant hazard – a relevant hazard that poses a significant risk of harm to the health or safety of an occupier of the social home;

Significant risk of harm –  means a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe as a matter of urgency (but not within 24 hours);

Relevant hazard for significant hazard – damp, mould or fungal growth

Not a ‘relevant hazard’ if wholly or mainly attributable to tenant’s breach of covenant.

Required work – any work:

• that is necessary in order to—
• make the home safe, and
• ensure, so far as is possible, that the hazard in question does not recur,

that the lessor—

(i) can lawfully undertake, or

(ii) can lawfully undertake if it obtains any necessary consents and in respect of which the lessor has not exhausted all reasonable endeavours to obtain such consents, and (not the responsibility of the tenant/reinstatement after storm/flood/inevitable accident)

Relevant safety work –  any required work necessary to make a social home safe that is not cladding work;

Duties

Emergency action.

Where landlord ‘becomes aware’ of an issue of concern to the home, and had reasonable grounds to believe there is an emergency hazard (1); or

Where a ‘relevant investigation’ concludes there is an emergency hazard and relevant works (2), then:

Then as soon as possible, and within the ‘emergency action period’ (24 hours) the landlord must – for (1) investigate by a competent investigator, and where an emergency safety hazard and relevant safety work is identified, complete the relevant safety work; or for (2) complete the relevant safety work

(Unless tenant is temporarily rehoused – see below)

Investigation of Hazards

Where landlord ‘becomes aware’ of an issue of concern, investigation by a competent investigator must be completed before the end of the ‘standard investigation period’ (10 working days).

But note that this investigation apparently doesn’t have to be a physical inspection.

If the tenant requests a physical inspection (before the end of the standard period), then there is a further ‘extended investigation period’ of 10 working days (starting on the day after the tenant’s request).

So, if tenant requested a physical inspection on what would have been day 9 of the standard investigation period, the overall period would be 19 working days.

Investigation must determine whether there is an emergency or significant hazard, as far as possible what work is required, and take into account any information provided as to the impact if the relevant matter and risk posed to the occupiers (eg medical information).

If an investigation concludes that there is a significant or emergency hazard, but that further investigation is needed as to what work is required, that further investigation must be done ‘as soon as reasonably practical’ but duties apply after initial investigation period.

Report

Unless the required work identified by the investigation has been carried out within a three working day period after the investigation period, the landlord must give the tenant a report containing the following:

(a) where the investigation was an emergency, standard or renewed investigation—

(i) whether or not the investigation identified a significant hazard or emergency hazard, and

(ii) where such a hazard was identified, what that hazard is;

(b) where further action is required under these Regulations, what that action is and a target timescale for beginning and completing the action;

(c) where sub-paragraph (b) does not apply, that there is no further action required under these Regulations, and the reasons why;

(d) information about how the lessee may contact the lessor.

Works

Where an investigation identifies relevant (non emergency) safety work for a significant hazard, the relevant safety work must be completed within 5 working days of the end of the investigation period (unless tenant given temporary accommodation).

Excuses for not doing this – works require the consent of another party and landlord has exhausted all reasonable endeavours to obtain the consent; or a subsequent investigation has found no significant or emergency hazard.

Where relevant safety work has been completed, and either further works or a further investigation are required for supplemental preventative work, the landlord must keep the property safe until completed. (Supplemental preventative work is any required work to ensure as far as possible that the hazard does not recur.)

Supplemental preventative work must be commenced either within 5 working days of the completion of the investigation, or where this is not reasonably practical (likely much of the time) commenced as soon as reasonably practical and at least within 12 weeks of the completion of the investigation.

This work must then be completed within ‘a reasonable period’. Again, requiring consent by another but not being able to obtain it is an excuse.

The tenant must be kept updated about the timing and progress of required work until it is completed.

Temporary rehousing

This is significant, as there is currently no duty on the landlord to provide temporary accommodation.

Where the landlord cannot secure that relevant safety work is completed within the initial remediation period (the 5 working days), the landlord must secure temporary accommodation for the household at no cost to the tenant from the end of the initial remediation period until relevant safety work is completed.

Household is the tenant or tenants and any family member who normally resides there (or other person residing there in accordance with the lease). This will include children of the tenant who stay overnight at least once a week.

Safety advice to occupiers

Where the landlord believes that the tenant or occupiers may be in occupation after the initial remediation period, or that the property won’t be wholly unoccupied for the assumed rehousing period, they must give the tenant information as follows:

Where the landlord thinks that action by the occupier can sufficiently mitigate the risk of harm, information about the actions that should be taken until the relevant safety work is completed; or

Where if such actions can’t sufficiently mitigate the risk of harm, information about any action that can reasonably be taken, or avoided, by the occupiers to reduce the risk of harm.

Transitional provisions

Where the landlord became aware of a relevant matter before 27 October 2025, the rules apply as if

For an emergency investigation, the ‘first report’ will be after 27 Oct, even if previously reported, or if after 27 Oct, the landlord becomes aware of a material change to a matter that it was previously aware of.

For a standard investigation, likewise, the start point is where a concern is first reported after 27 October, or where the landlord becomes aware of a material change after 27 Oct to an issue it was previously aware of.

Comment

There is going to be a lot to unpack in this over the coming months, not least the relevant standards for ‘significant’ and ’emergency’ hazards.

There are also going to be the practical questions of how a claim for breach will operate – my initial view is that for a straightforward failure to investigate or report, a Part 8 claim is most likely. If the alleged hazard is likely to be an emergency hazard, then interim inunctions also look plausible. But claims where it is alleged that the assessment of the hazard is wrong are going to be more complex and not for Part 8.

The there will be the question of damages, and how these will interrelate with a section 9A/10 and 11 claim.

In the meantime, given the transitional provisions, every social tenant who has previously raised damp and mould with  their landlord should do so again, and straight away, in order for the requirements to commence. This, I think, would extent to claims currently underway where there are relevant defects/hazards alleged, a further notification to the landlord would be needed to trigger the requirements.