Awaab’s Law – What it Means For Renters

Awaab’s Law is perhaps the most unusual legislation affecting tenants and landlords – and probably one of the most important, too.

A summary would say that it’s a law which holds landlords accountable for promptly addressing complaints regarding dampness and mould. It currently applies to landlords in the social housing sector only. But soon those in the private sector will come into the fold too.

The Tragedy Behind the Awaab’s Law

The formal name for the legislation is Section 42 of the Social Housing (Regulation) Act 2023. The title “Awaab’s Law” is named after Awaab Ishak. A small child who tragically died from exposure to black mould in his London social housing flat in 2020.

Awaab suffered respiratory issues caused by prolonged exposure to the mould. Despite his family complaining to their social housing provider about a severe health risk.

In a bid to avoid a repeat of the tragedy, his death has triggered measures to try to ensure social (and ultimately private) landlords respond rapidly to complaints. The last Conservative government created the law. Now it is up to the new Labour administration to pass so-called ‘secondary legislation’ to put the measures into effect.

What are the dangerous elements?

Awaab’s Law includes no fewer than 29 health hazards that may, in extreme circumstances be found in a home. Some, but not all, are closely linked to damp and mould.

These include properties that are considered excessively cold or hot, have dangerous carbon monoxide or fuel combustion products, are infested or have sanitation problems, may be in serious disrepair, or involve exposed lead, or radiation. Lead can be a hazard in homes with old paint or water pipes, especially in houses built before the 1970s. It can also be found in soil near older homes or factories.

Radiation risks often come from radon gas, naturally found in the ground and can build up in poorly ventilated homes. Some older building materials might have tiny amounts of radioactive substances, but this is usually not a big risk.

The most recent English Housing Survey found that about 4% of socially rented homes and 9% of privately rented ones suffer from some degree of dampness.

What rights do social housing tenants have under the new Awaab’s Law?

Under the Social Housing (Regulation) Act, tenants in council houses or housing associations accommodation can expect:

• an investigation of the hazards identified within 14 days of a complaint;
• a written report within a further 14 days, with a timeline for addressing the issues found;
• starting repairs within seven days of the report. If hazards are serious; emergency repairs are expected to be completed within 24 hours if hazards are very dangerous;
• completion of all other repairs within an unspecific “reasonable time”;
• the provision of alternative accommodation if the work cannot be undertaken with the tenant in place.

Awaab’s Law is still very new and the timescales for rapid action by the council or housing association are likely to be written into social housing tenancies from 2025. 

However, tenants across most of the social sector have been told by their housing providers to register complaints about mould and damp issues online. Or by telephone or in-person with their local housing offices.

Regulatory bodies like the Housing Ombudsman (who presides over the social housing sector) have made it clear they expect councils and housing associations to apply the greatest importance to dealing rapidly with complaints about dampness and mould. Even before Awaab’s Law becomes a part of every tenancy agreement.

When will this apply to the private rental sector?

Labour has prioritised the Renters Rights Bill. Which includes a wide range of measures to give tenants more control over their homes. And more protections against landlords acting unfairly.

The measures that make up Awaab’s Law have been included in the Renters’ Rights Bill. Which is widely expected to become law in the near future. It may become law in 2025, but things may not change immediately.

Awaab’s Law is likely to be closely linked with another new UK Government proposal. Which is to extend the Decent Homes Standard from its current place in the social housing sector to the private rental sector.

This will set out minimum expectations tenants should have of the quality of the properties they rent, and how repairs will be dealt with.

Renters’ Rights before Awaab’s Law comes into effect

Even before the new measures arrive, landlords in both social and private sectors should investigate cases of dampness and mould. They should ensure extractor fans in bathrooms and kitchens and/or vents in windows can easily ventilate excessive moisture in the air.

Your landlord must legally maintain your home’s warmth at what is called a “habitable” standard. Additionally, your landlord must possess a valid Energy Performance Certificate rated between A and E, which they should have shared with you at the start of your tenancy.

This may sound obvious, but you should tell your landlord if you have evidence of inadequate ventilation, lack of insulation or dampness. Social landlords must take rapid action. Most private landlords will help too. It’s in their interest, as well as yours, for their home to be in good condition and tenants to be happy.

But if a rogue private landlord does not help when you think they should do something, you could contact your local council’s environmental health team. If they inspect your home and find unsafe conditions, they will serve the landlord with an improvement notice. There are hefty fines for those landlords who ignore them.

If you are a social housing tenant and feel your complaint is being ignored, you can refer your social housing provider to the Housing Ombudsman.

Last Updated: November 22nd, 2024