Beyond damp and mould: Preparing for Awaab’s Law Phase 2

Phase 2 will come into force on 30 November 2026. This widens the law to include a further seven hazard categories:

• Electrical hazards (such as, exposed live wiring, sparking, outdated fuse boards)
• Falls and trip risks (such as, falls between levels, uneven surfaces, falls associated with baths)
• Fire and explosion risks (such as, defective smoke alarms, faulty fire doors, highly flammable materials such as cladding)
• Excess cold (such as, broken boiler, defective windows)
• Excess heat (such as, highly glazed developments with inadequate ventilation means)
• Structural collapse and falling elements could include falling roof tiles to total structural collapse)
• Domestic hygiene, including pest infestations (could include any defect which prevents the effective cleaning of kitchens and bathrooms and/or leading to pest infestations.

Social landlords were generally well prepared for Phase 1. A lot of planning went into creating new policies and procedures and specific teams were created and tasked with responding to any report of damp and mould within the required timeframe.

The same strict timeframes will now be applicable for this broader list of emergency hazards. This will clearly be a significant shift for social landlords and will likely require a review of their existing timescales and repair priorities as well as further training for employees and a review of resources (internal or contracted) to complete investigations and repairs.

The timescales and obligations

Emergency hazards

Such as, gas leaks, carbon monoxide leaks, major leaks, exposed wiring, broken external doors/windows creating security risk, broken boilers.

• Investigate within 24 hours
• Complete safety work within 24 hours.

Significant hazards

• Investigate within 10 working days
• Provide written findings within 3 working days of conclusion of investigation
• Complete safety works within 5 working days of conclusion of investigation
• Begin preventative works within 5 working days (or take steps to commence)
• Preventative works must start as soon as practicable and no later than 12 weeks if they cannot start within 5 working days

The timescales kick in as soon as the landlord becomes aware of a potential hazard. The tenant does not have to report the issue. A landlord is expected to have systems in place for recording, tracking and escalating reports.

Assessing degree of hazard – apply the ‘reasonable landlord’ test

Key consideration is whether a reasonable landlord would make it safe within 24 hours, within 15 working days or through routine maintenance.

Considerations should be based upon:

• Severity of the hazards
• Likelihood of harm
• Potential consequences if harm occurs
• Vulnerability of occupants (disabilities, children, mental health, illnesses). The tenant is not expected to prove these vulnerabilities but rather a landlord should take at face value
• Whether temporary measure could render property safe (such as, temporary heaters whilst boiler not working, restricting access to unsafe areas, isolating electrical hazards). Even if temporary measures are possible, the landlord still has to progress the permanent remedy.

Triaging: Focus on risk, not classification

The Phase 2 guidance emphasises the need for landlords to focus on eliminating the risk, rather than determining which category of hazard is applicable. It shifts the focus of prioritising a repair from the defect itself, to the needs and potential vulnerabilities of the tenant.

This approach will pose new challenges for the contact centres handling reports from tenants. They will no longer be listening out for damp and mould ‘buzz words’, but rather will need to ask a series of questions when a tenant reports even a seemingly routine repair to ensure that particular tenant is given the appropriate prioritisation.

The following should be established:

• What and where is the defect?
• How long has it been there
• Is anyone else is impacted?
• Does the tenant have any vulnerabilities?
• Is the whole property effected or can some rooms we can be used?

Key considerations for providers

Decision making and rationale

All decisions, particularly those determining how the hazard is to be prioritised, should be documented to include the above considerations (such as, the reported defect, any relevant vulnerabilities, risk assessment, hazard classification, temporary measures put in place and next steps).

Investigations

There are four different investigation types:

1. Standard investigation (within 10 working days)
2. Emergency investigation (within 24 hours)
3. Renewed investigation (if tenant requests an in-person inspection after a remote assessment)
4. Further investigation (when a more specialist/detailed inspection is required).

Written summaries

These must be provided within three working days and must include:

• Whether significant or emergency hazard was identified
• What action is to be taken
• Timetable for works
• Contact details of landlord representative
• If no action required in accordance with Awaab’s Law, why?

Alternative accommodation 

If safety works cannot be completed within 24 hours for emergency hazard or 5 working days for a significant hazard, the landlord must secure suitable alternative accommodation for tenants until the property is made safe. 

This must consider the following:

• Family size
• School and employment locations
• Disabilities/accessibility needs
• Pets
• Duration of stay.

Access issues

Access to properties is frequently cited as an issue, but can’t be relied upon as a defence.

Landlords are expected to:

• Make multiple attempts to gain access
• Keep a record of all contact/access attempts
• Offer suitable appointment times
• Make reasonable adjustments.

If all other avenues have been exhausted to gain access, the courts can grant access injunctions, compelling residents to allow access.

Disrepair claims

Disrepair claims had been on an upward trajectory for the five years prior to the implementation of Phase 1. More recently we have seen an increase in litigants in person bringing claims quoting Awaab’s Law, largely supported by AI. Whilst these claims are not always successful, they must all be addressed and defended, which can be hugely time-consuming for providers. Even before Phase 2 comes into place we are already seeing a wider variety of defects being alleged.

We are also seeing an increase in personal injury claims following successful disrepair claims, mainly for respiratory conditions or psychological injury. Gene Sequencing Reports, Fungal Interpretation Reports and Individualised Health and Safety Risk Assessments for tenants are all now being presented into evidence. Swabs are being taken from mould in properties and analysed in a laboratory. Thereafter, claimant legal team can obtain expert medical opinion to the potential risks posed by the mould and the actual effect on the health of the occupier of the property.

Key takeaways

Phase 2 of Awaab’s Law continues to move social housing providers towards a more customer-focused risk assessment model. Whilst it will no doubt create a number of immediate challenges, if landlords are able to comply and meet their obligations, we should see a decrease in the number of disrepair claims, or at least in the number of successful claims and in the amounts awarded.