Awaab's Law

What is Awaab's Law?

Awaab Ishak was a young child who lived with his parents in a one-bedroom flat in Rochdale. Sadly, in December 2020, aged two he died. The coroner ruled that, this young boy, “died as a result of severe respiratory condition caused by prolonged exposure to black mould in his home. Actions to treat and prevent the mould was not taken.” Awaab’s death led to a change in the law, known as “Awaab’s Law.”

Awaab’s parents relocated to the UK from Sudan back in 2016, but prior to his death, Awaab’s father had complained to Rochdale Boroughwide Housing about the mould in 2017 and was told to paint over it. His parents said, “they had no doubt at all” that they were treated poorly “because we are not from the country and are less aware of how the systems in the UK work.”  

What Purpose does Awaab's Law Serve?

Awaab’s Law entered the consultation phase in Parliament which began on the 9th January 2024. Recent statistics say that 2 in 5 Londoners reported living with damp or mould in their home in the past year. Until Awaab’s Law came into effect, landlords were not legally obligated to fix the issue. This piece of legislation fills a gap in the law outlined in the Decent Homes Standard which currently makes no direct mention of damp or mould. It is important to note that Awaab’s Law mandates repair times for social housing landlords only. There is a push for this to be extended to the Private Rented Sector.

What Are the Legal Implications of Awaab's Law?

Awaab’s Law, states social housing landlords must:

• Investigate hazards within 14-calendar days, and use a further 7 days to complete the repairs. Hazards can be defined as ‘significant’ through guidelines set out by the government, which considers issues such as severity of the problem alongside age and vulnerability of the tenants.
  

• Provide a written report of the investigation within the aforementioned 14-day timeframe, including details of the hazard, next steps and a clear timeframe for the work needed to fix the hazard.
  

• Complete repair work within a ‘reasonable time period’. The registered provider must satisfactorily complete repair works, within a ‘reasonable timeframe’ using the Landlord and Tenant Act 1985.
  

• Emergency repairs must be completed within 24 hours. Social Housing landlords should begin emergency repairs as soon as possible, but in all cases within 24 hours.
  

• Social housing landlord must offer alternative accommodation if repairs cannot be completed. In cases where emergency repairs are needed for hazards posing an imminent or significant risk to tenants, and they cannot complete repairs in the timeframes stated above, suitable accommodation must be found for the tenants.
  

• Social Housing landlords will be expected to keep a clear record of correspondence with residents and contractors. This includes all correspondence with residents regarding the issue, and any correspondence with contractors.
  

For the full list of hazards prescribed by HHSRS health and safety standards, see the Appendix below.

1. Damp and mould growth

2. Excess cold

3. Excess heat

4. Asbestos and MMF

5. Biocides

6. Carbon monoxide and fuel combustion products

7. Lead

8. Radiation

9. Uncombusted fuel gas

10. Volatile organic compounds

11. Crowding and space

12. Entry by intruders

13. Lighting

14. Noise

15. Domestic hygiene, pests and refuse

16. Food safety

17. Personal hygiene, sanitation and drainage

18. Water supply

19. Falls associated with baths etc.

20. Falling on level surfaces etc.

21. Falling on stairs etc.

22. Falling between levels

23. Electrical hazards

24. Fire

25. Flames, hot surfaces etc.

26. Collision and entrapment

27. Explosions

28. Position and operability of amenities etc.

29. Structural collapse and falling elements.

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