The Department for Levelling Up, Housing & Communities has opened 'Consultation on timescales for repairs in the social rented sector' on Awaab's Law with cost implications for private landlords.
Awaab’s Law, which was introduced in the landmark Social Housing Regulation Act 2023, requires Landlords to investigate and fix reported health hazards within specified timeframes. Awaab was aged two when he died in December 2020, as a result of exposure to mould in the social home his family rented from Rochdale Boroughwide Housing.
The purpose of this consultation is to set timeframes for Repairs and responses, and the government is seeking views from across the sector. The new rules will form part of a tenancy agreement so that tenants can hold social landlords to account by law if they fail to provide a decent home.
A social landlord is either a local authority landlord or a private registered provider of social housing including Housing associations.
This consultation seeks views on the specific requirements to be set and how these obligations will impact residents and landlords. In particular, it is consulting on proposals for:
- Timescales for initial investigations of potential hazards.
- Requirements to be placed upon landlords to provide written summaries of investigation findings.
- Timescales for beginning repair works.
- Timescales for completing repair works
- Timescales for emergency repairs;
- The circumstances under which properties should be temporarily decanted to protect residents’ health and safety.
- Requirements to be placed upon landlords to maintain adequate record-keeping throughout repair works.
- Following the consultation, responses will be analysed, and a response published in due course. We will then bring forward secondary legislation to bring Awaab’s Law into force as soon as practicable.
In addition to the issue of mould, the government proposes that Awaab’s Law should take into account the 29 health and safety hazards (detailed below) set out by the Housing Health and Safety Rating System (HHSRS).
HHSRS Health and Safety Hazards
- Damp and mould growth.
- Excess cold.
- Excess heat.
- Asbestos and MMF.
- Biocides.
- Carbon monoxide and fuel combustion products.
- Lead.
- Radiation.
- Uncombusted fuel gas.
- Volatile organic compounds.
- Crowding and space.
- Entry by intruders.
- Lighting.
- Noise.
- Domestic hygiene, pests and refuse.
- Food safety.
- Personal hygiene, sanitation and drainage.
- Water supply.
- Falls associated with baths etc.
- Falling on level surfaces etc.
- Falling on stairs etc.
- Falling between levels.
- Electrical hazards.
- Fire.
- Flames, hot surfaces etc.
- Collision and entrapment.
- Explosions.
- Position and operability of amenities etc.
- Structural collapse and falling elements.
Consultation questions
Please refer to the consultation document for the full context and background.
Question 1. Do you agree that Awaab’s Law should apply to all HHSRS hazards, not just damp and mould? (Y/N)
Question 2. Do you agree the right threshold for hazards in the scope of Awaab’s Law are those that could pose a significant risk to the health or safety of the resident? (Y/N)
Question 3. If you have answered ‘no’ to any of the questions in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text).
Question 4. Do you agree with the proposal that social landlords should have 14 calendar days to investigate hazards? (Y/N)
Question 5. Do you agree that medical evidence should not be required for an investigation? (Y/N)
Question 6. If you have answered ‘no’ to any of the questions in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text).
Question 7. Do you agree with the proposal for registered providers to provide a written summary to residents of the investigation findings? (Y/N)
Question 8. Do you agree with the minimum requirements for information to be contained in the written report? (Y/N)
Question 9. Do you agree that registered providers should have 48 hours to issue the written summary? (Y/N)
Question 10. If you have answered ‘no’ to any of the questions in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text)
Question 11. Do you agree with the proposal that if an investigation finds a hazard that poses a significant risk to the health or safety of the resident, the registered provider must begin to repair the hazard within seven days of the report concluding? (Y/N)
Question 12. Do you agree that in instances of damp and mould, the registered provider should take action to remove the mould spores as soon as possible? (Y/N)
Question 13. Do you agree with the proposed interpretation of ‘begin’ repair works? (Y/N)
Question 14. If you have answered ‘no’ to any of the questions in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text).
Question 15. Do you agree that the registered provider must satisfactorily complete repair works within a reasonable time period and that the resident should be informed of this time period and their needs considered? (Y/N)
Question 16. If you have answered ‘no’ to the question in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text).
Question 17. Do you agree that timescales for emergency repairs should be set out in legislation? (Y/N)
Question 18. Do you agree that social landlords should be required by law to action emergency repairs as soon as practicable and, in any event, within 24 hours? (Y/N)
Question 19. If you have answered ‘no’ to any of the questions in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text).
Question 20. Do you agree that landlords should arrange for residents to stay in temporary accommodation (at the landlord’s expense) if the property can’t be made safe within the specified timescales? (Y/N)
Question 21. If you have answered ‘no’ to the question in this section, please provide an explanation (with evidence where possible) and/or an alternative suggestion (free text).
Question 24. Do you agree with the assessment that proposals 1, 3, 4, 5, 6 and 7 will create small net additional costs to the sector? (Y/N)
Question 25. If not, please can you provide additional information? (Free text).
Question 26. Do you agree with the assessment of the net additional costs of proposal 2? (Y/N)
Question 27. If not, please can you provide additional information? (Free text).
Question 28. Do you agree with the assumptions we have made to reach these estimates? (Y/N)
Question 29. If not, please can you provide additional information? (Free text).
Body responsible for the consultation is the Department for Levelling Up, Housing and Communities and lasts for eight weeks from 9 January 2024.
For any enquiries about the consultation please email:
When you enquire, please confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:
- Your name.
- Your position (if applicable).
- The name of your organisation (if applicable).
- An email address.
Alternatively, you can email your response to the questions in this consultation to:
Useful guides on this topic
Repairs and renewals
What expenses can you claim for tax? In what situations are repairs disallowed and treated as capital expenditure?
Landlords: Capital allowances
Can I claim Capital Allowances in my rental business? What capital allowances can be claimed by a landlord?
Property profits & losses: Toolkit (2023-24)
Our Property Profits & Losses toolkit takes HMRC's version and adds a great deal more information about what you can claim as an individual.
Adviser's Guide: Property Business, profits and losses
What is property income? How is it taxed? How are profits calculated? How are losses relieved? Is National Insurance paid on property income? Is property income classed as a business activity?
External links
Open consultation, Awaab’s Law: Consultation on timescales for repairs in the social rented sector