At a Glance
Awaab’s Law compels landlords to fix damp and mould issues within strict timeframes to protect tenant health and safety. It gives council tenants stronger rights and faster complaint resolutions for unsafe living conditions. The law marks a major shift toward proactive housing standards and tenant empowerment.
What is Awaab’s Law, and Why Was It Introduced?
Council homes are often plagued with everything from structural issues like poor insulation and a lack of proper ventilation to heating issues, damp conditions, and resulting in property damage. Tenants were left to their own devices when it came to addressing these issues. Plus, many couldn’t afford proper heating and structural repairs, which resulted in the worsening of these problems.
As a result, many tenants have been battling the health risks that come with mould exposure, with their complaints going unheard. Not just that, but properties have been deteriorating due to poor maintenance and rising costs, which have further contributed to tenant woes. For many, living in unsafe conditions in unkept council homes has created a cycle of mental stress and helplessness with little hope for timely redressal of their grievances. However, with Awaab’s Law, that is all set to change, for the better.
How Serious Damp and Mould Cases Triggered the Change
In 2020, a two-year-old boy named Awaab Ishak passed away due to health risks of mould exposure, despite repeated complaints by his family to their social landlord, Rochdale Boroughwide Housing. This tragic case witnessed the first serious steps taken towards addressing mould and damp conditions as serious health hazards and prompted the enactment of Awaab’s Law.
The legislation seeks to address the systemic failures in council homes and introduces stringent regulations requiring landlords to act on mould and damp complaints within stipulated timeframes.
Housing secretary Steve Reed was quoted on Awaab’s Law, saying “Our changes will give tenants a stronger voice and force landlords to act urgently when lives are at risk, ensuring such tragedies are never repeated.”
Rights and Responsibilities under Awaab’s Law
Awaab’s Law was introduced in 2023, with the second phase of legislation coming into effect from October 2025. Besides requiring landlords to address mould complaints promptly, within set periods, the law also mandates social landlords to take greater responsibility. This includes ensuring tenant safety by preventing mould in rented homes and making sure the property is habitable.
What Must Landlords Do?
While the law comes into effect from October 2025, landlords and local housing authorities have been given a year to review their properties and processes. This is to ensure they have the resources to meet new requirements under Awaab’s Law.
This time period also allows for consistency in compliance across the housing sector. Under Awaab’s Law, landlords will be required to do the following.
- Investigate a tenant complaint within 14 days.
- Address the issue with appropriate repairs within 10 days from the time the investigation is completed.
- Carry out any emergency repairs deemed necessary within 24 hours if they pose a serious risk, like health risks of mould exposure, structural damage that could hamper tenant safety, etc.
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Which hazards are covered?
The primary focus of Awaab’s Law is preventing mould in rented homes and minimising the health risks of mould exposure. This is because a majority of the housing complaints in councils pertain to mould and damp conditions.
In February of this year, a family believed their 4-month-old son died due to black mould in their North London flat, despite repeated complaints to their landlord. While investigations are ongoing, such cases are becoming tragically more common.
Awaab’s Law covers all 29 potential hazards covered under the Housing Health and Safety Rating System (HHSRS). These include damp and mould growth, excess cold or heat, asbestos and manufactured mineral fibres (MMF), biocides, carbon monoxide, fuel combustion products and more.
Awaab’s Law vs. Existing Repair Law
The Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 are some of the existing repair laws that oversee the duties and responsibilities of landlords. These laws help ensure safe habitation by accounting for proper sanitation, heating, and ventilation and preventing mould in rented homes to maintain a hazard-free, healthy living environment.
While these are effective, they lacked stipulated timeframes within which landlords were required to act. Awaab’s Law introduces these time limits, strengthening existing repair laws and preventing delays in grievance redressal.
Awaab’s Law also differs from existing repair laws in the sense that it’s more about proactive measures to prevent issues and adds urgency to tenant complaints. This empowers tenants and fights against prolonged systemic delays in previous processes.
What should council tenants do?
So what does Awaab’s Law mean for council tenants? The law is on your side, shifting the narrative from landlord control to tenant empowerment. This means you can expect to have your grievances related to the health risks of mould exposure addressed speedily, without having to wait for months on end for a solution.
If you’ve been dealing with the challenges of preventing mould in your rented home, you need to follow the proper procedures and maintain records from the onset of your complaint. This includes keeping track of the response time of your landlord because failure to address complaints within set times can invite regulatory action and unlimited fines for them.
How to gather evidence
Documenting evidence clearly is your best bet while making your complaint. Consider collecting photographs and videos showing the scale of mould growth, damp conditions or damage to any of your belongings.
If you or your family members have suffered from any health risks of mould exposure, it would help to send a copy of your health reports or hospital records with your complaint. This will strengthen your case and can even entitle you to compensation if applicable.
What if your council fails to act?
If you don’t hear from your landlord within the set timeframe under Awaab’s Law, you can choose to file a formal complaint. The housing ombudsman’s complaint handling code sets out a two-step internal process you can follow. In most cases, you should hear from your landlord within 5 days of submitting a complaint, with a full, detailed response within 10 days.
Should you have any concerns or find the response unsatisfactory, you can proceed to step two, where your grievance would be investigated by a senior official not part of the initial team. This ensures you receive an impartial response. You can expect a response within 20 days at this stage.
If you’re still dissatisfied with your landlord’s solution, you can escalate the issue to the housing ombudsman. They will carry out a full and thorough investigation of your complaint and examine whether the landlord has failed to address the issues you’ve raised. Since they act in an independent capacity, you can expect a fair result, including compensation and legally binding decisions as the case may apply.
Enforcement and Future Expansion
Awaab’s Law has been enacted to address challenges like preventing mould in rented homes and mitigating health risks due to mould exposure. However, it also has implications for the private rental sector. This is because tenants in private rental homes have even fewer legal protections against unsafe housing conditions.
Legal experts expect that principles that shaped Awaab’s Law will expand to include tenants in private rental homes, as HHSRS hazard categories extend to both social and private sector housing.
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