Introduced this week, the first phase of Awaab’s Law will “force social landlords to take urgent action to fix dangerous homes or face the full force of the law,” said the Government in a statement.
The new legislation imposes a duty on registered social landlords to investigate “significant damp and mould hazards” within 10 days of being notified, and to “make properties safe” within a further five days.
“Emergency hazards” covering a series of hazards within the Housing Health and Safety Rating System (HHSRS) introduced in the Housing Act of 2004 have to be fixed within 24 hours however.
- gas or carbon monoxide leaks
- broken boilers
- total loss of water supply
- electrical hazards such as exposed wiring
- significant leaks
- broken external doors or windows that present a risk to home security
- prevalent damp and/or mould that is having a material impact on a tenant’s health
- significant structural defects or disrepair.
Eventually Awaab’s Law will be rolled out to apply to all 27 hazards in the HHSRS, except ‘overcrowding.’
The Government said the reforms were “a legacy to two-year-old Awaab Ishak who tragically died from prolonged exposure to mould,” in Rochdale social housing in 2020.
It added: “The new legal duties will finally put tenants’ safety first,” confirming that RSLs also must “write the findings to tenants within three working days of inspection.”
RSLs also, under the new Law, have to “consider the circumstances of tenants which could put them at risk – including young children and those with disabilities or health conditions. Alternative accommodation must also be offered if homes cannot be made safe within the required timeframes.
“Those who fail to comply with the rules face being taken to court, where they could be issued enforcement orders, forced to pay compensation and legal costs – as well as loss of rent if homes were uninhabitable.”
The Government also launched a £1m fund for projects that “create new ways of helping tenants engage with their landlords and have more influence over decisions that affect them.” These could include online platforms, marketing campaigns or recruiting specialist personnel to support tenants.