Following the tragic death of Awaab Ishak, an eight week consultation has been announced by the Housing Secretary, Michael Gove.
Following our last update in September 2023 the Housing Secretary, Michael Gove, on 9 January, announced the commencement of an eight week consultation on Awaab’s Law to be introduced following the tragic death of Awaab Ishak as a result of exposure to mould at the property let to his family by a social housing landlord.
The law
S42 of the Social Housing (Regulation) Act 2023 inserts into the Landlord and Tenant Act 1985 clause 10A which requires a landlord to “comply with all prescribed requirements that are applicable to that lease” in relation to prescribed hazards.
The consultation
The consultation is intended to consider what will form ‘the prescribed requirements’. It also provides a proposed framework for Awaab’s Law.
The consultation proposes that the (current) 29 Housing Health and Safety Rating System (HHSRS) hazards will be “the prescribed hazards” and that such a hazard will fall within the scope of Awaab’s Law if it poses “a significant risk to the health or safety of the actual resident of the dwelling”.
Timescale for repairs
The consultation proposes that, where a social housing landlord is made aware of a potential hazard it must be investigated within 14 calendar days and that such investigation must “sufficiently determine whether there is a hazard, and if so, the level of risk to a resident’s health or safety”. In determining whether a hazard is affecting a resident’s health or safety the landlord should give consideration to any vulnerabilities of the resident in question.
Under current proposals, within 48 hours of any investigation, a landlord will be required to provide the resident with a written summary of the findings of the investigation including how and when the investigation was undertaken, who carried out the investigation, if any further investigations are required, what hazard was identified, whether the hazard poses a risk to health or safety and what works are required to rectify the hazard. A written summary is proposed even where no hazards are identified.
Where a landlord’s investigation identifies a hazard that poses a ‘significant risk to health or safety’ it is proposed that the landlord must begin repair works within seven calendar days of the written summary being provided. Under present proposals “a worker being on site physically starting to repair and rectify a hazard” would constitute ‘beginning’ works. In the event that a significant and imminent risk of harm to health or safety is identified, an enhanced timeframe would apply where any such emergency repairs should be undertaken within 24 hours.
Whilst a landlord must begin repair works within seven calendar days, it is proposed that a landlord must complete any repair works within a reasonable period of time.
If a hazard poses a significant, or significant and imminent, risk of harm or danger and works cannot be completed within the specified timeframes, a landlord must offer a decant until the property is safe to return to.
It will be a potential defence to any alleged breach of Awaab’s Law if a landlord was unable to comply with the timeframes but can show they have taken all reasonable steps to do so. The consultation specifically refers to access issues and shortages of materials and/or contractors as examples of what may constitute a justifiable defence. Interestingly, the consultation makes specific reference to a landlord being required to make three attempts to access the property to have made reasonable attempts to gain access. It is also proposed that landlords will be required to keep clear records of their attempts to comply with the prescribed requirements.
The future
Whilst currently at consultation stage, it seems safe to say that Awaab’s Law will be put into effect in some form or other. As with all proposed laws, there are unanswered questions. These will no doubt be the subject of much debate. What constitutes a significant risk to the health and safety of a resident? What reasonable attempts have been made to comply with the timeframes in the event of non-compliance? What constitutes a reasonable period to complete any repairs?
The consultation highlights that there remains an underlying focus on health and safety and particularly hazards that are deemed to pose a risk to the health of residents. Under the current proposals, such issues will require the most prompt action from landlords. Social housing landlords will already be aware of the Guidance issued in September 2023 regarding health risks arising from damp and mould and should reconsider such issues when providing any views or responses on the current consultation.
Social housing landlords should take the opportunity that has been presented to them by the consultation to put forward their views on each of the proposals, highlighting the practical issues they are likely to face if the proposals contained within the consultation are implemented in their present form.
Further information on the consultation.
We would recommend that registered providers consider and respond to the consultation.
Daniel has extensive experience dealing with disrepair matters, acting for registered providers and housing associations, including cases involving the Equality Act 2010 and Environmental Protection Act issues.
If you'd like support on an aspects of Awaab's Law, please speak to a member of our social housing team.
