Awaab’s Law – what is it all about?
This article was contributed by Steve Cornforth, a legal consultant who provides specialist training and consultancy to housing lawyers across England and Wales.
Requiring landlords to respond to mould and other hazards
On 21 December 2020, Awaab Ishak died just days after his second birthday. His family were tenants of Rochdale Borough Housing. The home was badly affected by mould, and Awaab suffered from respiratory illness that led to respiratory arrest.
The inquest into his death led to a media frenzy following this statement from the coroner:
“Awaab Ishak died as a result of a severe respiratory condition caused due to prolonged exposure to mould in his home environment.”
On 9 February 2023, then Housing Minister Michael Gove announced Awaab’s Law.
The law introduces an implied term into residential tenancy agreements requiring action within fixed timescales. So, when a landlord becomes aware of a relevant hazard they must:
- Investigate any potential emergency hazards and, if the investigation confirms emergency hazards, undertake relevant safety work as soon as reasonably practicable, both within 24 hours of becoming aware of them
- Investigate any potential significant hazards within 10 working days of becoming aware of them
- Produce a written summary of investigation findings and provide this to the named tenant within 3 working days of the conclusion of the investigation
- Undertake relevant safety work within 5 working days of the investigation concluding, if the investigation identifies a significant hazard.
Awaab’s Law is all about timing
Phase 1 was introduced on 27 October 2025 and is limited to emergency cases and damp and mould. There have already been cases that show the law in action.
In one case, a tenant was pregnant and had a young child. The child’s bedroom was seriously affected by damp, caused by a leak that was also shown to be affecting an electrical socket. The tenant’s solicitors applied for and successfully obtained an injunction.
The dampness was a significant hazard and the dangerous electrics amounted to an emergency. The judge ordered that the family be temporarily moved, and the work was completed in three weeks.
Phase 2 of Awaab’s Law comes into force on 30 November and will see a significant extension to cover excess cold, excess heat, risk of falls, fire and electrical hazards. This will usher in a huge shift in thinking for those advising tenants and across the social housing sector.
I expect to see a big increase in the number of injunction applications.
Disclaimer: all information in this article was correct at time of publishing.
