LEGISLATION
The Ministry of Housing, Communities and Local Government (MHCLG) has confirmed that the second phase of Awaab’s Law, which includes pest management, will enter into force on 30 November 2026.
Awaab’s Law was created in the wake of the death of two-year-old Awaab Ishaak in 2020, who had lived in a social home affected by dangerous damp and mould. It sets specific time frames for social landlords to respond to various hazards in their properties,
The first phase of Awaab’s Law was introduced in October of last year, providing protections for social tenants against all damp and mould hazards, as well as a requirement for any imminent hazards to be resolved within 24 hours.
On 13 July MHCLG announced that the second phase will enter into force on 30 November. This new phase will ensure that hazards which pose a significant risk of harm must be investigated within 10 working days, and the property made safe within the following 5 working days.
New guidance has also been published.
What’s included in phase 2?
The second phase will extend to the following hazards where they present a significant risk of harm:
- Excess cold and heat
- Falls
- Structural collapse and explosions
- Fire and electrical hazards
- Domestic and personal hygiene, including pests.
If the landlord becomes aware of a potential hazard which they judge to be significant, they must carry out an investigation within 10 working days. Once the investigation is concluded, the landlord then has 5 working days to make the property safe, and any further necessary works must be started within 12 weeks.
If a social landlord is unable to carry out repairs in time they must provide the tenant suitable alternative accommodation.
Where a social landlord fails to follow their duties under Awaab’s Law, tenants can use their landlord’s own complaint procedure.
If their complaint goes unresolved, they can take their complaint to the Housing Ombudsman Service, or to the courts.
Whilst this phase is the first time pests are being directly referred to within Awaab’s Law, social tenants have been protected against the most extreme issues under the first phase which applies to all emergency hazards.
Rosina Robson, Chief Executive of the BPCA, has said that “pests and the harms they pose in the home will be taken more seriously from now on. With phase 2 social tenants will benefit from real protections, and we will continue to work with government to ensure tenants in private and temporary housing are protected from public health pests too.”
The future of Awaab’s Law
A third phase is expected to arrive in late 2027, covering all remaining types of hazards.
Currently, Awaab’s Law is only being implemented within the social housing sector.
The government has committed to expanding Awaab’s Law to the private rented sector and to temporary accommodation, following a consultation which is yet to be announced.
Source: Online