Awaab’s Law – Draft Guidance Published and Key Timings Confirmed

Background: What is Awaab’s Law?

Awaab’s Law is a significant regulatory reform introduced in response to the tragic death of two-year-old Awaab Ishak in 2020 due to prolonged exposure to mould in his social housing accommodation. It aims to impose legally binding timeframes on social landlords for investigating and remediating serious hazards in tenants’ homes.

The legislation amends the Landlord and Tenant Act 1985 and introduces enforceable timelines for responding to specific health and safety hazards in social rented housing. Its intention is to ensure that tenants are no longer left in unsafe or unhealthy homes due to landlord inaction.

When Will Awaab’s Law Come Into Force?

The first phase of Awaab’s Law will apply to the social rented sector from 27 October 2025. This will require social landlords to investigate and address emergency hazards, including damp and mould, within strict timeframes.

Further regulations will extend to additional hazard categories in the following years:

• From 2026: Excess cold/heat, falls, structural collapse, explosions, fire, electrical hazards, and hygiene/food safety risks (where they pose a significant risk of harm).
• From 2027: All remaining Housing Health and Safety Rating System (HHSRS) hazards (except overcrowding), again where there is a significant risk of harm.

The Government published draft guidance last week which provides greater clarity surrounding Awaab’s law, elements of which we consider in this alert.

Which Hazards Are Covered – and Which Are Not?

Under Awaab’s Law, hazards will be classified as either:

• Emergency hazards – requiring urgent action within 24 hours; or
• Significant hazards – requiring investigation and resolution on a slightly longer but still fixed timeframe.

Some hazards will fall outside the scope of Awaab’s Law:

• Unsafe cladding, for example, is excluded because it typically involves complex, long-term remediation projects.
• Hazards that are not caused by landlord action/inaction or are beyond the landlord’s control may also be excluded, provided the landlord can demonstrate they have taken all reasonable steps to comply.

There are statutory defences available under section 10A(5) of the Landlord and Tenant Act 1985 where a landlord can prove genuine efforts to comply that have been thwarted by factors outside of their control.

Key Requirements for Social Landlords

From October 2025, social landlords will be required to:

• Investigate potential emergency hazards and carry out safety work within 24 hours;
• Investigate potential significant hazards within 10 working days;
• Provide a written summary of findings to the tenant within 3 working days of concluding the investigation;
• Complete necessary safety works within 5 working days of identifying a significant hazard;
• Begin or initiate further works within 5 working days, or within 12 weeks if immediate action is not possible;
• Provide suitable alternative accommodation at the landlord’s expense if hazards cannot be rectified in the required timeframes; and
• Keep tenants informed throughout and advise on how to stay safe.

Enforcement and Oversight

Tenants will have clear escalation routes, including:

• Their landlord’s complaints process
• The Housing Ombudsman
• The courts

To reinforce landlord accountability and protect tenant rights, the government will be launching a Call for Evidence to consider how best to limit claims farming and ensure legal practices serve tenants’ genuine needs.

Implications and Next Steps for Clients

The October 2025 introduction marks a material shift in social housing compliance. Awaab’s Law will likely drive increased scrutiny and could lead to a spike in disrepair and personal injury claims, particularly in relation to damp and mould.

Clients operating in or working with the social housing sector should:

• Undertake early compliance reviews to assess readiness;
• Prepare robust investigation and reporting procedures;
• Review protocols for offering alternative accommodation; and
• Consider potential EPA 1990 exposure and reputational risks from increased media and legal attention.

Our crime and regulatory team are supporting clients facing or at risk of private prosecutions under the Environmental Protection Act 1990 and can provide bespoke advice to help manage the legal and reputational implications.

Please get in touch if you require further support or training ahead of implementation.

Chris Newton

Natalie Larnder