30/06/2025
Written by Elspeth Lee, Sarah Orchard and Louise Mansfield
On 25 June 2025, the Government published non-statutory guidance relating to ‘Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025’, also known as Awaab’s Law. This was introduced through the Social Housing Act 2023 and inserts into social housing tenancy agreements a term requiring social landlords to comply with the requirements set out in these Regulations. This law applies to almost all social housing occupied under a tenancy and let by a Registered Provider.
Confirmation has also been provided that Awaab’s Law will come into force on 27 October 2025. Registered providers of social housing should follow this week’s guidance to support compliance with the requirements.
The Regulations mean landlords must:
- Investigate any potential emergency hazards and, if the investigation confirms emergency hazards, undertake relevant safety work as soon as reasonably practicable, both within 24 hours of becoming aware of them
- Investigate any potential significant hazards within 10 working days of becoming aware of them
- Produce a written summary of investigation findings and provide this to the named tenant within 3 working days of the conclusion of the investigation
- Undertake relevant safety work within 5 working days of the investigation concluding, if the investigation identifies a significant hazard
- Begin, or take steps to begin, any further required works within 5 working days of the investigation concluding, if the investigation identifies a significant or emergency hazard. If steps cannot be taken to begin work in 5 working days this must be done as soon as possible, and work must be physically started within 12 weeks
- Satisfactorily complete works within a reasonable time period
- Secure the provision of suitable alternative accommodation for the household, at the social landlord’s expense, if relevant safety work cannot be completed within specified timeframes
- Keep the named tenant updated throughout the process and provide information on how to keep safe
For a hazard to be in the scope of Awaab’s Law repair requirements, it must:
- Be a part of buildings or land for which the social landlord is responsible
- Be in the landlord’s control to fix
- Not be damage that is a result of the breach of contract by the tenant
- Result from defects, disrepair or lack of maintenance
- Be a significant or emergency hazard
The guidance defines a ‘significant hazard’ as one that poses a ‘significant risk of harm’ to the health and safety of a tenant of the social home. A ‘significant risk of harm’ is defined as ‘a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe as a matter of urgency’.
An ‘emergency hazard’ is defined as a hazard that poses ‘an imminent and significant risk of harm’ to the health or safety of the tenant in the social home. An ‘imminent and significant risk of harm’ is defined as ‘a risk of harm to the occupier’s health or safety that a reasonable social landlord with the relevant knowledge would take steps to make safe within 24 hours’. This means issues that could cause immediate harm to the health or safety of tenants if not addressed quickly. Examples include (but are not limited to): gas leaks, broken boilers, a total loss of water supply and, notably, prevalent damp and/or mould that is having a material impact on a tenant’s health.
An example is provided by the guidance, which assists landlords in determining whether damp or mould is a significant or emergency hazard. Factors for consideration include the contractor’s investigation findings, the medical symptoms the tenant experiences, as well as their vulnerability, and the location of the mould.
The Government has also stated that it will extend regulations in 2026 to include the following hazards where they present a significant risk of harm:
- Excess cold and excess heat
- Falls associated with baths etc. on level surfaces, on stairs and between levels
- Structural collapse and explosions
- Fire and electrical hazards
- Domestic and personal hygiene and food safety
Changes to be introduced in 2027 will include:
- Extension to include all remaining HHSRS (Housing Health and Safety Rating System) hazards (apart from overcrowding), where they present a significant risk of harm
The ‘Test and Learn’ approach
The Government are keen to ensure that the policy works effectively and to achieve this, will implement any lessons learned between phases. The Deputy Prime Minister and Housing Secretary have suggested that this will be closely monitored and evaluated.
Finalised guidance will be published before the Law comes into force on 27 October 2025.
Additionally, the Government is keen to stress that there will not be ‘leeway on addressing dangerous issues’ for landlords in the meantime. Landlords are reminded to abide by their legal duties to keep homes safe by fixing disrepair, and keeping their homes fit for habitation, with particular emphasis on keeping homes free from dangerous ‘category 1’ health or safety hazards.
Non-compliance with these requirements could see named tenants holding their social landlords to account by taking legal action through the courts for breach of contract. Tenants would also be able to raise concerns via the social landlord’s complaints procedure and Housing Ombudsman Service.
Social landlords will have a defence for failure to comply with requirement if they can prove they have used all reasonable endeavours to avoid the hazards, meaning they have taken all reasonable steps to comply with the requirements and the reason compliance has not been possible is due to factors beyond their control.
Landlords should ensure that preparations are underway for the future expansion of Awaab’s Law. The application of Awaab’s Law will be fact-specific and therefore the onus is on social landlords to make their own judgment as to what the law may require in particular cases. To prepare appropriately, landlords should create internal policies with the right governance and oversight, to ensure that they are applied and fit for purpose, to ensure consistency in application.
The draft guidance can be found here.
If you are a registered provider of social housing and would like further help and guidance, please contact
Sarah Orchard or Louise Mansfield. We regret that we are unable to provide legal advice to individual residents.
