Awaab’s Law Phase 2, Due 30 November 2026: What Claimant Housing Solicitors Need to Know

From 30 November 2026, subject to the regulations being made, Awaab’s Law Phase 2 will significantly expand the duties imposed on social landlords in England.

Phase 1 has required social landlords to deal with all emergency hazards (except crowding and space) and significant damp and mould hazards within prescribed timeframes since 27 October 2025. Phase 2 will bring several further categories of significant hazard within the same statutory framework, including excess cold, excess heat, falls, structural collapse, fire, explosions, electrical hazards and domestic hygiene hazards.

For claimant Housing Disrepair solicitors, the importance of Phase 2 goes beyond a longer list of property defects. The regime creates a more structured evidential framework around when the landlord became aware of a hazard, how the report was triaged, when an investigation took place, what it found, whether the tenant received a written summary, when safety works were completed, whether preventative works were arranged, and whether alternative accommodation should have been provided.

Where those records reveal non-compliance, they may support claims for repairs, compensation and legal costs. Where the landlord relies on access problems, contractor delays or matters outside its control, the quality of its contemporaneous records will be equally important.

Quick answer

From 30 November 2026, subject to the regulations being made, Awaab’s Law will apply to the following significant hazards in qualifying social housing in England, alongside emergency hazards of every kind except crowding and space, which it has covered since 27 October 2025:

• damp and mould;
• excess cold;
• excess heat;
• falls;
• structural collapse;
• fire (other than in the parts of a building with two or more homes described below) and explosions;
• electrical hazards;
• domestic and personal hygiene;
• and food safety.

From that date Awaab’s Law will not apply to fire hazards in the structure, external walls, common parts or flat entrance doors of a building with two or more homes, whether they are significant or emergency hazards.

Potential emergency hazards must be investigated and made safe within 24 hours. Potential significant hazards must normally be investigated within 10 working days. Where a significant hazard is identified, relevant safety work must normally be completed within 5 working days after the investigation concludes. A written summary must usually be provided within 3 working days of the investigation concluding.

To check each timescale against the dates on a claim, with bank holidays and the 24-hour clock, use our free Awaab’s Law timescales checker.

What is Awaab’s Law?

Awaab’s Law is named in memory of two-year-old Awaab Ishak, who died following prolonged exposure to mould in his social housing home. The statutory framework was introduced through the Social Housing (Regulation) Act 2023 and section 10A of the Landlord and Tenant Act 1985.

It implies terms into qualifying social housing tenancy agreements requiring registered providers to comply with the investigation, communication, safety-work and rehousing requirements contained in the regulations. Those implied terms cannot simply be removed or contracted out of by the landlord. Where the landlord fails to comply, the tenant may potentially bring proceedings for breach of contract.

Awaab’s Law does not replace the landlord’s existing obligations relating to:

• repair;
• fitness for human habitation;
• health and safety;
• statutory nuisance;
• regulatory standards;
• or the tenancy agreement.

It operates alongside those duties.

When does Phase 2 take effect?

Phase 2 is due to take effect on 30 November 2026, when the draft amending regulations are due to come into force. The House of Lords approved them on 14 October 2026 and the House of Commons on 20 October 2026; as at 27 October 2026 they had not yet been made (signed into law). The revised social-landlord guidance is published to apply from that date, and the Phase 1 guidance remains relevant until then.

For claimant firms, this creates an important transitional issue. The Phase 2 requirements will generally be triggered where the landlord becomes aware of a relevant potential hazard after the applicable commencement date. They may also be triggered where, after commencement, the landlord becomes aware of a material change to a hazard previously reported. A further report made after commencement about an existing hazard may therefore become important when identifying the correct trigger date.

Which additional hazards enter the regime?

Excess cold

Excess cold may arise from defective heating, inadequate insulation, broken windows or doors, persistent draughts, structural deficiencies, defective communal heating the landlord is responsible for, or another landlord-controlled deficiency.

The relevant question is not simply whether the property feels cold. The condition must potentially present a significant risk of harm to the tenant or a member of the household. The household’s particular circumstances will matter — a defective heating system may present a more serious risk where the property is occupied by young children, elderly residents, disabled tenants or people with relevant health conditions.

Excess heat

Excess heat may result from defective heating controls, inadequate ventilation, poor building design, defective windows, an inability to reduce internal temperature or another deficiency for which the landlord is responsible. This category may become increasingly important in properties that experience substantial overheating during warmer periods.

Falls

Phase 2 covers significant hazards arising from falls on level surfaces, falls on stairs, falls between levels and falls associated with bathrooms or other facilities. Relevant defects may include:

• loose flooring;
• uneven surfaces;
• unsafe steps;
• missing or defective handrails;
• dangerous balconies;
• inadequate guarding;
• or defective bathroom fittings.

Structural collapse

This may cover a serious risk arising from unsafe ceilings, defective walls, unstable roofs, damaged balconies, falling masonry or other structural elements. Claimant solicitors should distinguish between superficial cracking and evidence indicating an actual significant or emergency risk. Appropriate expert evidence may be required.

Fire and explosions

Phase 2 brings significant fire hazards and explosion hazards within the fixed-timeframe framework: for example missing or faulty smoke alarms, or a risk of explosion from a gas installation.

The draft regulations exclude fire hazards arising from the structure, external walls, common parts or flat entrance doors of a building with two or more homes from 30 November 2026, for emergency hazards as well, because the Regulatory Reform (Fire Safety) Order 2005 already regulates those parts. If they are made in that form, damaged fire doors in communal areas, obstructed escape routes and gaps in compartmentation in such a building will be outside Awaab’s Law from that date, though an explosion risk in those parts is not excluded. Until then a fire hazard in those parts can still be an emergency hazard, and the exclusion does not reach a house that is a single home.

Electrical hazards

This may include exposed wiring, dangerous sockets, defective consumer units, recurring electrical failures, water ingress near electrical installations and other conditions presenting a material safety risk. Where the allegation involves immediate danger, the emergency-hazard timetable may be engaged.

Domestic hygiene, personal hygiene and food safety

This category may include deficiencies affecting sanitation, bathrooms, washing facilities, drainage, food preparation, food storage, refuse, pest entry and the hygienic use of the home. Water supply is not part of Phase 2: the government plans to add it in 2027, though a total loss of water supply can still be an emergency hazard.

The relevant hazard must arise from a deficiency in the building or land for which the landlord is responsible. A tenant’s ordinary use of the property should not be treated automatically as the cause of the problem.

The principal Awaab’s Law deadlines

Emergency hazards: 24 hours

Where the landlord is aware of a potential hazard and has reasonable grounds to believe it is an emergency hazard, it must complete an investigation, and any relevant safety work that investigation identifies, as soon as reasonably practicable and within 24 hours (regulation 5(4)(a) and 5(8)(a)). The 24 hours run from when the landlord is both aware and has those reasonable grounds, which may be later than the first report; where an investigation concludes there is an emergency hazard, the safety work is due within 24 hours of the investigation that identifies the work being completed, which may be a later one (regulation 5(8)(b)).

The 24 hours are not counted in working days at all: they run on the clock, through nights, weekends and bank holidays. An emergency hazard is not simply any serious repair: it is one presenting a risk of harm that a reasonable landlord with the relevant knowledge would take steps to make safe within 24 hours (regulation 3(1)(d)). From 30 November 2026 the draft regulations change the test to a risk that a reasonable landlord with the relevant knowledge would make safe within 24 hours.

Significant hazards: investigation within 10 working days

A potential significant hazard must normally be investigated within 10 working days of the landlord becoming aware of it (regulation 6(2)(a) and 6(4)). A working day is any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales (regulation 2). The landlord must first triage the report using the information available. Triage is not a separate period added before the statutory clock begins. The landlord should consider the defect reported, the household composition, health conditions, disability, age, photographs, previous repair reports, earlier inspections and any material change in circumstances. The maximum period does not prevent the landlord from acting sooner where the risk requires it.

From 30 November 2026 the draft regulations also redefine a significant hazard as one presenting a risk that a reasonable landlord with the relevant knowledge would make safe within 15 working days (but not within 24 hours).

Written summary: within 3 working days

Following an investigation, the landlord must usually produce and provide a written summary within 3 working days (regulation 9(2) and 9(4)). The summary should identify:

• whether a significant or emergency hazard was found;
• the nature of the hazard;
• what action is required;
• the target timeframe for that action;
• or, where no action is required, why the landlord reached that conclusion;
• and how the tenant can contact the landlord.

A written summary may not be required where all necessary safety and preventative work has already been completed within the 3-working-day period. Where only temporary safety work has been completed and further preventative work remains outstanding, a written summary will ordinarily still be required.

Relevant safety work: within 5 working days

Where an investigation confirms a significant hazard, the landlord must normally complete relevant safety work within 5 working days after the investigation concludes (regulation 11(2)(a)). The purpose of relevant safety work is to make the home safe. It may not amount to the final permanent repair. For example, the landlord may temporarily isolate an unsafe installation, remove mould, seal a dangerous area, provide temporary heating or carry out an urgent temporary repair. Further work may still be required to address the underlying cause and prevent recurrence.

Where the landlord cannot complete the relevant safety work in time, it must secure suitable alternative accommodation for the household, at no cost to the tenant, from the end of the 24 hours or the 5 working days until the work is done, unless the tenant refuses an offer (regulation 16). Where it complies with Part 6, which includes giving the tenant a safety advice document (regulation 17), the safety-work deadline becomes ‘as soon as reasonably practicable’ (regulations 5(5) and 11(2)(b)).

Supplementary preventative works

The landlord must begin, or take steps to begin, supplementary preventative work within 5 working days of the investigation concluding, or of a further investigation where one is needed before the work can begin (regulation 13(2)). Where it is not reasonably practicable to begin the work within that period, it must begin as soon as reasonably practicable and, in any event, within 12 weeks of the investigation that found the hazard (regulation 13(3)(b)). The 12-week period is a backstop, not a standard target.

The landlord must complete the preventative work within a reasonable period, having regard to the nature of the defect, the household’s needs, the urgency, the work required, contractor availability and other relevant circumstances.

Text version of this diagram

A social landlord’s deadlines under S.I. 2025/1042, in force since 27 October 2025.

1. Start: The landlord becomes aware. Of a potential hazard: through the tenant, a solicitor, a housing officer or another department.
   • Emergency hazard: once the landlord is aware and has reasonable grounds to believe it is one, the investigation and the safety work it identifies are due within 24 hours, on the clock (Reg 5(4)(a), 5(8)(a)).
2. Within 10 working days: Investigation. Normally completed within 10 working days of the landlord becoming aware of the potential hazard (Reg 6(2)(a), 6(4)).
3. 3 working days after the investigation: Written summary. Given to the tenant, unless the investigation found required work and all of it is done within the 3 working days (Reg 9(2), 9(4)).
4. 5 working days after the investigation: Relevant safety work. Completed: the work to make the home safe, which may not be the permanent repair (Reg 11(2)(a)).
   • Not made safe in time? Suitable alternative accommodation, at no cost to the tenant, until the work is done, unless the tenant refuses an offer. If the landlord complies with Part 6, the work is then due as soon as reasonably practicable (Reg 16, 11(2)(b)).
5. 5 working days; 12 weeks at the latest: Supplementary preventative work. Begun within the 5 working days or, if that is not reasonably practicable, steps taken in that time to secure that it begins as soon as reasonably practicable and within 12 weeks of the investigation that found the hazard (Reg 13(2), 13(3)(b)).

Working days exclude Saturdays, Sundays, Christmas Day, Good Friday and bank holidays in England and Wales (regulation 2). A missed timescale does not automatically prove a claim: the landlord has a defence if it proves it used all reasonable endeavours to avoid the breach (Landlord and Tenant Act 1985, s.10A(5)).

Rules checked 27 October 2026.

When does the landlord become aware?

This is likely to become one of the most frequently disputed issues. The landlord may become aware through more than a formal repair report submitted to the designated repairs department. Awareness may potentially arise through:

• a report by the tenant;
• a report by a solicitor or representative;
• a housing officer;
• a support worker;
• a routine inspection;
• a contractor;
• a managing agent;
• a different local-authority department;
• the Housing Ombudsman;
• the Regulator of Social Housing;
• a fire and rescue authority;
• building control;
• or another relevant third party.

Where a landlord employee becomes aware during a visit, the trigger date may be the date of that conversation rather than the date the information later reaches the repairs team. This makes internal landlord communication and escalation records highly relevant. Claimant solicitors should avoid focusing only on the formal repair log; the full chronology may reveal earlier knowledge.

The importance of triage records

The landlord must determine whether a reported condition is potentially a significant or emergency hazard, based on the individual household and the available information. Useful disclosure may include initial call notes, repair reports, online portal submissions, photographs, internal risk scores, triage policies, staff guidance, escalation records, vulnerability information, inspection requests and communications between departments.

Where the report was categorised as routine, the landlord should be able to explain the decision. A bare system label stating “routine repair” may not answer whether the hazard should have been treated as potentially significant or emergency.

Written summaries will become central evidence

The written-summary requirement may provide claimant solicitors with a useful contemporaneous record. The document may establish what was inspected, when the investigation concluded, which hazards were identified, whether the landlord accepted that safety work was required, what work was promised and the proposed timeframe.

The absence of a required summary may itself form part of the alleged non-compliance. A summary may also undermine a later Defence where the landlord’s pleaded case conflicts with its original findings. Solicitors should request the summary, evidence of when it was produced, evidence of how it was sent, any revised summary, internal drafts and related communication with the tenant.

Relevant safety work is not necessarily a permanent repair

The distinction between making the property safe and preventing recurrence is important. A landlord may comply with the immediate safety-work requirement by reducing the risk temporarily. That does not necessarily end its obligations. Examples include:

• washing down mould without repairing a defective roof;
• providing portable heaters without repairing the heating system;
• boarding an unsafe area without completing structural work;
• isolating electrics without reinstating the affected facilities;
• or treating pests without sealing the points of entry.

Claimant solicitors should identify separately what was done to reduce the immediate risk, whether the work genuinely made the home safe, what was required to remedy the cause, and whether the preventative work began and completed within the applicable period.

Alternative accommodation

Where relevant safety work cannot be completed within the initial remediation period, the landlord must secure suitable alternative accommodation at its own expense. The requirement applies to the tenant and household members who ordinarily live at the property in accordance with the tenancy.

Suitability is fact-sensitive. Relevant factors may include household size, disability, accessibility, children’s education, caring responsibilities, employment, location, medical needs, cooking facilities, transport and the anticipated length of the stay. A hotel may be suitable for a single night but unsuitable for a family expected to remain away from the home for several weeks.

Claimant solicitors should obtain offers of accommodation, suitability assessments, communications with the tenant, reasons for any refusal, alternative options considered, transport or food expenditure and records of the time spent away from the property.

Access and the all-reasonable-endeavours defence

Access will remain a significant battleground. A tenant is expected to engage reasonably with attempts to inspect and repair the property. The regulations also imply a term permitting the landlord to enter at reasonable times for the purpose of compliance, after at least 24 hours’ notice in writing (regulation 20). However, a missed appointment will not necessarily establish a complete access defence. The landlord’s conduct should be considered, including whether it:

• offered reasonable appointments;
• contacted the tenant through appropriate methods;
• took account of work and childcare commitments;
• considered disability or support needs;
• allowed a representative to attend;
• rearranged appointments promptly;
• left appropriate notice after a failed visit;
• and ensured that contractors followed the same approach.

A landlord may have a defence where it proves that it used all reasonable endeavours to comply but was prevented by matters genuinely outside its control — for example genuine inability to obtain access, specialist contractor unavailability, material shortages, required external approvals or lack of suitable temporary accommodation. The burden will be on the landlord to evidence the reasonable steps taken. A generic assertion that the tenant “failed access” should therefore be tested against appointment records, call logs, text messages, contractor notes, tenant availability, notice given and the landlord’s attempts to rearrange.

Does missing a deadline automatically prove the claim?

Not necessarily. A missed statutory timeframe may provide strong evidence of non-compliance, but the court will still need to consider:

• whether the property and tenancy fall within the regime;
• whether the hazard was in scope;
• when the landlord became aware;
• whether the condition was significant or emergency;
• whether the deficiency was the landlord’s responsibility;
• whether the tenant caused the hazard through a contractual breach;
• what works were required;
• whether the landlord used all reasonable endeavours (section 10A(5) of the Landlord and Tenant Act 1985);
• and what loss followed.

The missed deadline should be pleaded within the wider factual and legal case rather than treated as a complete substitute for proving the claim.

Remedies available to tenants

Where a landlord is found to have breached the implied Awaab’s Law term, the court may potentially order the landlord to undertake repairs, award compensation, and order payment of some or all of the tenant’s legal costs. Awaab’s Law does not itself create a system of regulatory fines payable to the tenant.

Compensation should address loss caused by the breach. Any previous Housing Ombudsman award may be relevant because the tenant should not recover twice for the same loss. Claimant solicitors should identify the relevant breach, the period of non-compliance, the conditions experienced, the impact upon the tenant, additional expenses, damage to belongings, alternative accommodation and any compensation already received.

Interaction with existing Housing Disrepair claims

An Awaab’s Law claim may overlap with allegations under section 11 of the Landlord and Tenant Act 1985, sections 9A to 9C concerning fitness for human habitation, the tenancy agreement, negligence, nuisance and other statutory duties. The causes of action should not be merged without analysis. Different duties may have different trigger points, required knowledge, legal tests, defences, remedies and limitation considerations.

Our free limitation period calculator shows how far back a housing disrepair claim can reach, and the last day for contract and negligence claims.

Awaab’s Law provides a valuable additional contractual framework, but it does not remove the need to plead the conventional disrepair and fitness case properly where those causes of action apply. Where a claim is raised alongside possession or rent issues, see our note on Housing Disrepair claims with rent arrears.

Practical steps for claimant solicitors

1. Identify the correct commencement date

Check whether the landlord became aware of the relevant Phase 2 hazard on or after 30 November 2026. Where the condition existed earlier, consider whether it was reported again, a material change occurred, or the landlord otherwise became newly aware after commencement.

2. Establish every possible awareness date

Do not rely only on the repairs database. Review complaints, housing officer notes, contractor records, estate inspections, environmental-health involvement, Ombudsman correspondence, and communications from support workers or representatives.

3. Build two parallel chronologies

Prepare a defects and notification chronology, and a statutory-compliance chronology. The second should track awareness, triage, investigation, written summary, safety work, preventative work, communication and alternative accommodation.

4. Request the landlord’s internal records

Disclosure requests may include Awaab’s Law policies, triage criteria, repair classifications, investigation records, written summaries, contractor instructions, vulnerability records, access logs and alternative-accommodation decisions. Requests should remain proportionate and tailored to the issues.

5. Preserve the tenant’s evidence

Obtain dated photographs, videos, repair references, emails, screenshots, call records, complaint responses, missed-appointment evidence and records of expenses.

6. Consider expert evidence carefully

A surveyor or other expert may need to address the nature of the deficiency, whether it created a relevant hazard, the seriousness of the risk, causation, the works required to make the property safe, the works needed to prevent recurrence and the reasonable repair period. The expert should not be asked to determine the ultimate legal question of breach.

7. Address access early

Take full instructions on appointment offers, notice, tenant availability, failed visits, contractor conduct and attempts to rearrange. Do not wait until the Defence raises access before collecting this evidence.

8. Check previous compensation

Obtain details of any Housing Ombudsman award, landlord complaint payment, rent credit, discretionary payment or earlier settlement. This does not necessarily prevent a claim, but it may affect valuation and avoid double recovery.

Legal costs implications

Awaab’s Law Phase 2 is likely to increase the volume and complexity of documentary evidence in social housing claims. Reasonable work may include identifying the correct trigger date, reviewing triage records, analysing several potential hazards, comparing the landlord’s conduct against statutory timeframes, considering written summaries, reviewing access evidence, analysing temporary accommodation, obtaining specialist expert evidence and pleading overlapping contractual and statutory duties.

That work must be recorded clearly. Entries such as “Review repairs” or “Consider Awaab’s Law” will provide little assistance when the paying party challenges time or proportionality — a familiar target in Points of Dispute. A better attendance note should identify the document reviewed, the statutory issue considered, why the work was required, and its relevance to the pleaded claim.

Presenting Awaab’s Law work in the Bill of Costs

The Bill narrative should explain where Awaab’s Law materially affected the conduct of the claim. Relevant points may include the nature of the Phase 2 hazard, the date of landlord awareness, failure to investigate within the required period, absence or inadequacy of the written summary, failure to complete safety work, repeated temporary treatment, failure to address the underlying cause, alternative-accommodation issues, access allegations and the landlord’s conduct during the claim.

The bill should avoid suggesting that the missed deadline alone established the entire case. Instead, it should show why the statutory framework made the work undertaken reasonable and necessary.

Proportionality and conduct

A paying party may focus on the damages figure when challenging Housing Disrepair costs. That may present an incomplete picture. The practical value of the claim may also include securing urgent safety work, obtaining permanent repairs, protecting vulnerable household members, securing temporary accommodation and requiring the landlord to comply with statutory obligations.

Where the landlord’s failure to investigate, communicate or carry out works caused additional legal work, that chronology should be explained clearly. The bill should connect Defendant conduct with the time incurred rather than relying on general assertions.

Common mistakes claimant firms should avoid

• Treating every defect as an Awaab’s Law hazard. The condition must meet the relevant scope and seriousness requirements.
• Pleading the deadline without proving awareness. The statutory clock cannot be analysed properly without establishing when the landlord became aware.
• Ignoring the household circumstances. The same deficiency may present different levels of risk to different occupants.
• Failing to obtain the written summary. It may be one of the most useful contemporaneous documents.
• Assuming temporary treatment ended the duty. The landlord may still need to complete supplementary preventative work.
• Ignoring access evidence. Access allegations should be addressed contemporaneously.
• Failing to distinguish England and Wales. Awaab’s Law Phase 2 applies to qualifying social housing in England; Wales has a separate housing-law framework.
• Assuming costs automatically follow. Costs recovery will depend upon the settlement or court order and the applicable costs regime.

How DMD Costs can assist

Awaab’s Law Phase 2 will make accurate costs presentation increasingly important in social housing litigation. DMD Costs assists claimant firms with Housing Disrepair costs, including:

• Housing Disrepair Bills of Costs;
• Precedent S e-bills;
• detailed claim narratives;
• Awaab’s Law-related work;
• surveyor and expert fees;
• Points of Dispute and Replies;
• costs negotiations;
• post-settlement breach costs;
• Part 8 costs-only proceedings;
• and detailed-assessment preparation.

We review the chronology, settlement, orders and time records so that the work undertaken is presented clearly and supported by the evidence. Send us your Housing Disrepair file and we will review the costs position.

Sources

• Awaab’s Law: Regulations (GOV.UK) (the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025).
• The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, S.I. 2025/1042 (legislation.gov.uk)
• Draft Hazards in Social Housing (Prescribed Requirements) (England) (Amendment) Regulations 2026 (legislation.gov.uk)
• Awaab’s Law Phase 2: Guidance for social housing landlords (GOV.UK) (published to apply from 30 November 2026).
• Landlord and Tenant Act 1985, section 10A (legislation.gov.uk)
• Social Housing (Regulation) Act 2023 (legislation.gov.uk)