The first phase of Awaab’s Law, which promises to protect tenants from dangerous social housing conditions, has now come into force. This landmark legislation compels landlords to:

• Fix emergency health and safety hazards within 24 hours of being reported
• Investigate significant damp and mould within 10 working days of notification
• Make properties safe within five working days after inspection
• Write to tenants within three working days of the inspection being completed, outlining the findings and next steps

Section 10A(2) of the Landlord and Tenant Act 1985 establishes a statutory duty on social landlords to comply with “prescribed requirements” when dealing with certain housing defects. This provision forms part of the reforms collectively known as Awaab’s Law, introduced through the Social Housing (Regulation) Act 2023 in response to the tragic death of two-year-old Awaab Ishak, who died as a result of prolonged exposure to mould in his family’s social housing.

Key Provisions of Section 10A(2)

• Implied Term in Tenancy Agreements:
  Section 10A(2) inserts an implied term into all social housing tenancy agreements, requiring landlords to meet specific standards when addressing “relevant defects.”
• Prescribed Requirements:
  These requirements will be detailed in regulations issued by the Secretary of State. They will specify how landlords must act upon being notified of issues such as damp, mould, or other hazards that pose a risk to health or safety.
• Legal Enforcement:
  Tenants will have the right to bring proceedings in the County Court if their landlord fails to comply with these prescribed requirements. This enforcement mechanism operates alongside existing tenant rights under sections 9A, 10, and 11 of the Landlord and Tenant Act 1985.
• Focus on Health Hazards:
  The primary aim of this reform is to ensure timely and effective responses to health-related housing hazards, particularly damp and mould—the issues central to Awaab Ishak’s case.

Commencement and Scope of the Regulations

The regulations implementing Awaab’s Law—the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (SI 2025/1042)—come into force on 27 October 2025.

These regulations set out the types of hazards covered, the actions landlords must take when such hazards arise, and the procedures for inspection, remedial work, and, where necessary, the provision of alternative accommodation.

Relationship with Existing Public Health Law

Awaab’s Law builds upon a long-standing framework of public health legislation addressing mould, damp, and other housing conditions that are prejudicial to health or constitute a statutory nuisance. Such provisions date back to 1936 and are now found in section 79(1) of the Environmental Protection Act 1990.

In addition, the Housing Act 2004 and the Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005/3208) define and regulate a range of hazards, including damp and mould, excess cold or heat, carbon monoxide, asbestos, and other dangerous substances.

Together, these measures represent a strengthened legal framework designed to safeguard the health and safety of social housing tenants, ensuring that preventable tragedies such as Awaab Ishak’s death are never repeated.

‍