Awaab’s Law mandates social housing landlords to address damp and mould issues within strict time limits, ensuring tenant safety and preventing health hazards. Introduced in July 2023, it was named after Awaab Ishak, a two-year-old boy who tragically died due to exposure to mould in his home.

Understanding Awaab’s Law

The Tragic Story Behind the Law

In December 2020, Awaab Ishak, just two years old, passed away from a respiratory condition caused by prolonged exposure to mould in his family’s flat in Rochdale, Greater Manchester. The coroner’s report revealed that the mould in their home had been reported multiple times, but no effective action was taken by the housing association, Rochdale Boroughwide Housing (RBH), to address the issue.

The family, originally from Sudan, repeatedly raised concerns about the living conditions, but their pleas were ignored or dismissed. The inquest uncovered systemic failures in how social housing providers dealt with damp and mould, particularly in homes occupied by vulnerable families. The coroner explicitly stated that Awaab’s death was a direct result of the prolonged exposure to mould and the failure to take timely action to address it.

This tragedy sparked public outrage and led to calls for reform in the UK’s social housing sector. Awaab’s family, supported by housing charities like Shelter, campaigned tirelessly for change. Their efforts resulted in the introduction of Awaab’s Law, a landmark piece of legislation designed to hold social landlords accountable and prevent similar tragedies.

The Purpose of Awaab’s Law

Awaab’s Law is part of the Social Housing (Regulation) Act 2023, which aims to improve the quality of social housing in the UK. The law specifically addresses the issue of damp and mould, which have long been overlooked in housing regulations. It introduces strict timelines and obligations for social landlords to investigate and resolve these issues, ensuring tenants are not left living in unsafe or unhealthy conditions.

The broader goal of Awaab’s Law is to protect tenants’ health and safety by ensuring landlords take responsibility for maintaining habitable living conditions. It is also a step towards holding housing providers accountable for their actions—or inactions—when it comes to tenant welfare.

Key Provisions of Awaab’s Law

Awaab’s Law introduces a series of measures designed to ensure that damp and mould issues are addressed promptly and effectively. Below are the key provisions:

1. Investigation Timeline

Social landlords are required to investigate reported hazards, including damp and mould, within 14 calendar days of receiving a complaint. This ensures that issues are identified quickly and do not worsen over time.

Why it matters: Delays in addressing damp and mould can lead to severe health problems, particularly for children, the elderly, and those with pre-existing respiratory conditions. The 14-day deadline ensures that landlords cannot ignore or postpone investigations.

2. Written Reports

Within the same 14-day timeframe, landlords must provide tenants with a written report detailing:

• The nature of the hazard (e.g., the extent of damp or mould).
• The steps that will be taken to address the issue.
• A clear timeline for the necessary repairs.

Why it matters: Tenants often face uncertainty about whether their complaints are being taken seriously. A written report provides transparency and accountability, ensuring tenants are informed about the process and expected outcomes.

3. Repair Timelines

If the investigation determines that the hazard poses a significant risk to health or safety, repair work must begin within 7 calendar days. Significant risks do not require a doctor’s note, as the government aims to reduce NHS waiting times and streamline the process. Instead, risks are assessed based on government guidelines, considering factors such as:

• The severity of the problem.
• The vulnerability of the tenants (e.g., children, elderly individuals, or those with health conditions).

Why it matters: Previously, tenants could wait months—or even years—for repairs to begin. This provision ensures that urgent issues are addressed promptly, reducing the risk of harm to tenants.

4. Emergency Repairs

For hazards that pose an imminent or significant risk, such as severe damp or mould that could lead to immediate health problems, landlords must begin emergency repairs within 24 hours.

Why it matters: This provision is critical for protecting tenants in extreme cases where delays could have life-threatening consequences.

5. Alternative Accommodation

If repairs cannot be completed within the required timeframes, landlords must provide tenants with suitable alternative accommodation. This ensures that families are not forced to live in unsafe or uninhabitable conditions while repairs are carried out.

Why it matters: Many tenants have been left to endure dangerous living conditions because landlords failed to act. This provision ensures that tenants’ safety and wellbeing are prioritised.

6. Record Keeping

Landlords are required to maintain detailed records of all correspondence with tenants and contractors regarding reported hazards. This includes:

• Complaints from tenants.
• Investigation findings.
• Actions taken to address the issue.

Why it matters: Clear documentation helps ensure accountability and provides evidence in cases where landlords fail to fulfil their obligations.

Legislative Context

Awaab’s Law was introduced as Clause 42 within the Social Housing (Regulation) Act 2023. It forms part of the government’s broader commitment to improving housing standards, as outlined in the White Paper pledge to reduce non-decent homes by 50% by 2030.

The law is currently in the consultation phase, which began on 9th January 2024 and will run for eight weeks. During this period, the public can provide feedback on the proposed legislation. Given its cross-party support, Awaab’s Law is expected to pass quickly through Parliament and be enacted before the end of 2024.

Why Awaab’s Law is Necessary

The Damp and Mould Crisis

Damp and mould are widespread issues in UK housing, particularly in social housing. According to recent statistics:

• 2 in 5 Londoners reported living with damp or mould in their homes in the past year.
• Social housing tenants are disproportionately affected, with many living in poorly maintained properties.

Damp and mould occur when excess moisture is trapped in a property, often due to poor ventilation, leaks, or inadequate insulation. These conditions can lead to serious health problems, including:

• Respiratory issues such as asthma and bronchitis.
• Allergic reactions.
• Weakened immune systems, particularly in children and the elderly.

Gaps in Existing Legislation

Before Awaab’s Law, there were no specific legal requirements for landlords to address damp and mould within a set timeframe. The Decent Homes Standard, which outlines minimum housing standards, made no direct mention of these issues. This left tenants vulnerable to landlords who neglected their responsibilities.

Awaab’s Law fills this gap by introducing clear, enforceable obligations for social landlords. However, it currently applies only to social housing, leaving private renters without similar protections.

Implications for London and Beyond

Impact on Social Housing

In London, where damp and mould are particularly prevalent, Awaab’s Law has the potential to improve living conditions for thousands of social housing tenants. By holding landlords accountable, the law ensures that tenants are no longer left to endure unsafe and unhealthy conditions.

The Private Rental Sector

While Awaab’s Law is a significant step forward, it does not apply to the 1.1 million private renters in London alone. Many private landlords operate without the same level of oversight as social housing providers, leaving tenants with limited legal recourse to enforce repairs.

The Labour Party has pledged to extend Awaab’s Law to cover private landlords. However, as experts like the Chartered Institute of Environmental Health have pointed out, this will require additional resources and enforcement mechanisms to ensure compliance.

Challenges and Future Considerations

While Awaab’s Law is a vital piece of legislation, its success will depend on effective enforcement. Key challenges include:

• Resource Constraints: Local authorities and courts must be adequately resourced to handle an increase in complaints and enforcement actions.
• Awareness: Tenants need to be informed of their rights under the new law to ensure they can hold landlords accountable.
• Private Sector Inclusion: Extending the law to private landlords will require significant regulatory changes and investment.

Awaab’s Law is a landmark reform that aims to protect tenants from the dangers of damp and mould, ensuring safer and healthier living conditions for all in social housing.