The Government has published updated guidance for social landlords ahead of Phase 2 of Awaab’s Law, which is due to take effect on 30 November 2026.
Phase 1 introduced fixed response times for emergency hazards and significant damp and mould hazards in social housing. Phase 2 substantially expands the regime by bringing a wider range of serious hazards within the statutory timetable.
For social landlords, this means broader investigation, communication, repair and record-keeping duties. For claimant Housing Disrepair practitioners, the new framework will create a much clearer evidential trail against which landlord conduct can be measured.
Key points
- Phase 2 is expected to apply from 30 November 2026.
- Awaab’s Law applies to qualifying social housing in England.
- All emergency hazards remain subject to the 24-hour requirements.
- Further significant hazards will be brought within scope.
- Significant hazards must normally be investigated within 10 working days.
- A written summary must be supplied within 3 working days after the investigation concludes.
- Relevant safety works must normally be completed within 5 working days.
- Alternative accommodation must be provided where the property cannot be made safe within the required period.
- Landlords must investigate the root cause rather than automatically blaming a tenant’s “lifestyle”.
- Accurate reporting dates, inspection records and repair chronologies will be increasingly important in Housing Disrepair claims.
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 legislation creates an implied term within qualifying social housing tenancy agreements requiring the landlord to comply with prescribed investigation and repair obligations. This gives tenants a contractual route through which failures may potentially be enforced.
The regime does not replace the landlord’s existing duties under legislation, the tenancy agreement or the general law. Instead, it provides clear maximum timeframes for dealing with hazards capable of presenting a serious risk of harm.
When does Phase 2 begin?
The updated guidance states that the Phase 2 requirements will apply from 30 November 2026.
Social landlords should therefore be reviewing their:
- hazard-reporting systems;
- repair triage procedures;
- inspection capacity;
- contractor arrangements;
- resident communication processes;
- temporary accommodation arrangements;
- information-management systems;
- and record-retention policies.
A landlord that waits until November 2026 to prepare is likely to find it difficult to comply consistently with the required timescales.
Which hazards will be covered?
Phase 1 covered:
- all emergency hazards;
- and damp and mould hazards presenting a significant risk of harm.
From 30 November 2026, the significant-hazard regime will extend to the following.
Excess cold
This may include inadequate heating, defective windows and doors, poor insulation, structural deficiencies and other conditions leaving the property dangerously cold.
Excess heat
This may include serious overheating caused by defects in the building, inadequate ventilation or other matters for which the landlord is responsible.
Falls
The expanded regime covers risks of falls:
- on level surfaces;
- on stairs;
- between different levels;
- and in other parts of the property for which the landlord is responsible.
Examples may include defective flooring, unsafe steps, loose handrails and hazardous changes in floor level.
Structural collapse
This may include serious risks arising from unstable ceilings, walls, roofs, balconies or other structural elements.
Fire and explosions
Relevant hazards may arise from inadequate fire precautions, defects within the property or other landlord-controlled deficiencies.
Electrical hazards
These may include exposed wiring, unsafe sockets, defective installations and other electrical risks.
Domestic hygiene and food safety
This category can include conditions affecting:
- personal hygiene;
- sanitation;
- food storage;
- food preparation;
- pest control;
- and the safe use of kitchen or bathroom facilities.
Phase 3 is expected to extend the regime further to the remaining Housing Health and Safety Rating System hazards, apart from overcrowding.
What are the principal deadlines?
Emergency hazards: 24 hours
When a social landlord becomes aware of a potential emergency hazard, it must investigate and, where an emergency hazard is confirmed, complete the necessary safety work as soon as reasonably practicable. Both the investigation and relevant safety work must normally be completed within 24 hours of the landlord becoming aware of the potential hazard. The clock begins immediately.
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. The landlord should use all available information when deciding how urgently the matter needs to be treated. The investigation may include:
- speaking to the tenant;
- reviewing photographs;
- reviewing repair records;
- attending the property;
- instructing an appropriate specialist;
- and considering the particular needs of the household.
Written summary: within 3 working days
The landlord must provide the tenant with a written summary of its findings within 3 working days after the investigation concludes. The written summary should clearly explain:
- the hazard investigated;
- the landlord’s findings;
- whether a significant or emergency hazard was identified;
- what safety work is required;
- what further work is proposed;
- and the expected timetable.
For claimant practitioners, the presence or absence of this summary may become a particularly useful evidential issue.
Relevant safety work: within 5 working days
Where the investigation confirms a significant hazard, relevant safety work must normally be completed within 5 working days of the investigation concluding. The purpose of the work is to make the property safe. This may not always amount to a complete and permanent repair. Further preventative work may also be required.
Supplementary preventative works
The landlord must begin, or take meaningful steps to begin, work required to prevent the hazard recurring within 5 working days. Where that work cannot begin within 5 working days, it must begin as soon as reasonably practicable and within the applicable long-stop period. The work must then be satisfactorily completed within a reasonable period.
Alternative accommodation
Where relevant safety work cannot be completed within the required period, the landlord must secure suitable alternative accommodation for the household at the landlord’s expense. Suitability should not be treated as a purely administrative question. Relevant factors may include:
- household size;
- disability and accessibility;
- children’s schooling;
- employment;
- medical needs;
- caring responsibilities;
- location;
- safety;
- and the expected duration of the move.
Landlords should retain clear records of:
- accommodation offered;
- why it was considered suitable;
- discussions with the tenant;
- any refusal;
- and any alternative arrangements considered.
Landlords must not simply blame “lifestyle”
The updated guidance makes clear that landlords should not assume that damp, mould or pest hazards are caused by a tenant’s lifestyle. Ordinary activities such as cooking, bathing, washing and drying clothes naturally produce moisture.
A landlord must investigate whether the underlying cause includes:
- defective ventilation;
- inadequate heating;
- poor insulation;
- water ingress;
- leaks;
- structural defects;
- or another deficiency for which it is responsible.
A generic instruction to “open the windows more” is unlikely to be a substitute for a proper investigation where serious mould or damp persists.
Which properties are covered?
Awaab’s Law applies to most social housing in England that is:
- let by a registered provider;
- and occupied under a qualifying tenancy.
This includes many properties let by local authorities and registered housing associations.
The guidance indicates that the regime may also apply to qualifying temporary or supported accommodation where it is provided as social housing under a tenancy. It does not generally apply to:
- privately rented homes;
- accommodation occupied only under a licence;
- long leaseholders;
- owner-occupiers;
- and shared-ownership properties.
Private landlords remain subject to separate repairing and fitness obligations.
What evidence should claimant solicitors preserve?
The fixed statutory timetable makes accurate chronology evidence particularly important.
Initial notification
Record:
- when the tenant first contacted the landlord;
- what was reported;
- which communication method was used;
- and whether photographs or other evidence were provided.
Landlord awareness
Consider all sources through which the landlord may have acquired knowledge, including:
- repair reports;
- complaints;
- housing officer visits;
- contractor attendances;
- previous inspections;
- neighbouring-property reports;
- and internal landlord records.
Triage and investigation
Request records showing:
- how the report was categorised;
- when it was reviewed;
- who made the decision;
- when an inspection was arranged;
- and whether household vulnerabilities were considered.
Written summary
Check whether the tenant received a written summary within the required period. Preserve the summary itself, delivery records, emails, portal messages and any later amendments.
Safety and repair works
Record:
- appointments offered;
- appointments attended;
- access issues;
- works completed;
- works cancelled;
- temporary repairs;
- permanent repairs;
- and whether the hazard returned.
Alternative accommodation
Where rehousing should have been considered, retain evidence concerning whether accommodation was offered, the proposed location, suitability, household needs and the landlord’s decision-making process.
How could Phase 2 affect Housing Disrepair claims?
Awaab’s Law does not mean that every missed deadline automatically produces the same level of compensation or costs recovery. The facts will still matter. However, a clear statutory timetable may assist with identifying:
- when the landlord became aware of the hazard;
- what action was required;
- whether the response was timely;
- whether the property was made safe;
- and whether the landlord kept the tenant properly informed.
The landlord’s records may also become important when addressing:
- notice;
- access allegations;
- causation;
- reasonableness;
- vulnerability;
- and litigation conduct.
Costs implications for claimant firms
From a costs perspective, Phase 2 may produce more extensive documentary evidence and a greater need to analyse the landlord’s compliance with each stage of the process. Reasonable work may include:
- reviewing repair logs;
- preparing detailed chronologies;
- analysing written summaries;
- considering hazard classifications;
- reviewing access correspondence;
- addressing alternative accommodation;
- considering expert evidence;
- and comparing the landlord’s conduct against the statutory timetable.
That work should be described properly within the file and any eventual Bill of Costs. Generic entries such as “consider repairs” may fail to demonstrate the importance of the work undertaken, and are a familiar target in Points of Dispute.
How DMD Costs can help
DMD Costs specialises in claimant Housing Disrepair costs. We assist firms with:
- Bills of Costs and Precedent S e-bills;
- Housing Disrepair narratives;
- Points of Dispute and Replies;
- surveyor and expert fees;
- post-settlement breach work;
- negotiation to settlement;
- and Part 8 costs-only proceedings.
As Awaab’s Law expands, properly recording and presenting the work undertaken will become increasingly important. Send us your Housing Disrepair file and we will review the costs position.