No social housing resident should live in unhealthy, unsafe conditions.
That's the cornerstone of Awaab's Law, a pioneering piece of legislation named after Awaab Ishak who tragically died as a result of a respiratory condition brought on by lengthy exposure to mould in his Rochdale home.
The legislation comes into force on 27th October 2025, setting out timeframes for social housing providers to respond to emergency hazards reported by tenants. Providers must respond to emergencies within 24 hours, produce inspection reports within 10 days, and commence remedial works within three days of the report.
So far so clear. But there are some major pitfalls which could catch housing providers out – with far-reaching consequences.
Not defining an emergency
Something that's an emergency for one person is merely a minor inconvenience for another.
Take a slow water leak from the ceiling. In a household with two healthy adults, it's not ideal, but with a strategically placed bucket regularly emptied, it's not a health risk either. Many tenants would feel comfortable to live with the situation in the short term while repairs are being arranged.
However, the same problem in the home of a frail, elderly person with chronic asthma, is a different matter entirely. The leak could worsen their condition, making it life threatening.
That's why it's a mistake for housing providers to treat all tenants the same.
Providers need a clear emergency classification system, as well as up-to-date resident information. Knowing who their vulnerable residents are will help providers determine whether or not the repair falls under the 24-hour emergency rule.
Being unprepared for resident expectations
Recent media coverage of Awaab's Law has made tenants more aware of their rights under the legislation, so it's very likely that providers will have to manage a rise in expectations. Residents with urgent repair needs will, quite rightly, push harder for providers to unblock the drain or mend a boiler within the timelines.
If providers don't have the capacity to do this, it will put their teams under pressure.
To prepare for rising expectations, providers need to keep good records so they know exactly how long they have to respond to emergencies, complete inspection reports and carry out the necessary repairs.
Underestimating hidden costs
Some providers have already had to pay out compensation when damp and mould issues weren't dealt with quickly enough. At a time of stretched budgets and funds at an all-time low, these costs are something councils can ill afford.
Regulatory fines can hit hard, but when these are accompanied by additional legal claims, the costs really mount up. With residents becoming increasingly aware of the new legislation, it is hardly surprising they are tempted by the lure of no win no fee claims from opportunist legal organisations.
A provider's reputation can suffer if they find themselves unable to respond quickly enough to residents' issues and ensure they're resolved. But there are financial implications to this too. A failure to meet Regulator of Social Housing (RSH) requirements can affect a provider's borrowing potential.
Sound administrative practices will help here, as well as a reliable approach to case management, should providers need to respond to legal claims.
Not coordinating with contractors
The 24-hour clock starts ticking as soon as a resident reports an emergency damp or mould issue to a subcontractor. But if the contractor doesn't log it straight away, time could run out, putting the provider in breach of the law.
With many housing providers outsourcing specialist jobs such as roofing, drainage or plastering, they might be managing a lot of contractors at any one time. And if these contractors are more used to working in the commercial sector they may lack awareness of social housing regulations, and the need to log emergencies immediately. That's when it gets complicated.
To make sure critical information about tenants' emergencies doesn't slip through the net, housing providers may need to review the way they communicate with contractors, and introduce training to make sure all contractors are up to speed with Awaab's Law.
Now's the time for housing providers to check they are ready for the new law, so they can avoid the traps and keep residents safe and happy in their homes.
Trevor Hampton is director of housing solutions at NEC Housing
