Damp, Disrepair, and Awaab’s Law: What Social Housing Providers Need to Know in Autumn 2024
21st October, 2024
As we approach Winter, Registered Providers (RPs) of social housing must be particularly vigilant about addressing damp and disrepair, which tend to escalate as colder, wetter weather sets in.
With Awaab’s Law now poised to become fully operational, housing providers are facing new legal obligations that aim to prevent tragedies like the one experienced by Awaab Ishak. Ensuring compliance with these regulations, particularly in managing damp and mould, is crucial as we head into the colder months.
The Introduction of Awaab’s Law
Awaab’s Law, part of the Social Housing (Regulation) Act 2023, was introduced to improve tenant safety by enforcing stricter timelines for identifying and resolving hazards, including damp and mould, in social housing. The government’s 2024 consultation has laid out clear requirements for RPs, which are expected to be finalized and enacted through secondary legislation.
Here’s what RPs need to know:
Timelines for Responding to Hazards
- Initial Investigation: Landlords must investigate reports of hazards, including damp and mould, within 14 calendar days of being made aware of the issue.
- Reporting: Within 48 hours of the investigation, landlords must provide tenants with a written summary, including details of the hazard, steps for repair, and timelines for completion.
- Commencement of Repairs: If a hazard is confirmed, repairs must begin within 7 days of issuing the summary report to the tenant.
- Emergency Repairs: For urgent issues, such as severe mould impacting health, repairs must start within 24 hours.
Winter Challenges
Damp and Mould Winter exacerbates the problem of damp and mould due to increased condensation, poor ventilation, and heating issues in properties. These conditions can quickly deteriorate and pose serious health risks, particularly to vulnerable tenants such as the elderly, children, or those with respiratory conditions. Under Awaab’s Law, RPs will need to prioritize addressing damp and mould cases with greater urgency, ensuring that repairs are not only initiated quickly but also completed within a reasonable timeframe.
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Keeping Records
RPs must keep detailed records of all communications, investigations, and actions taken in response to tenant complaints about hazards. These records are crucial for compliance, as they can provide a defense if legal claims are made against the RP for non-compliance. It’s essential that RPs document their attempts to gain access to properties for inspections and repairs, especially as the colder months can lead to delays.
Temporary Accommodation
If landlords are unable to make a property safe in time (e.g., due to the scale of the repair or shortage of resources), Awaab’s Law requires RPs to provide temporary accommodation until the hazard is resolved. Winter may increase the likelihood of severe damp and mould cases, so RPs should have contingency plans for rehousing tenants if necessary
Preparing for Winter: Proactive Steps
- Routine Inspections: Increase proactive property inspections before the onset of winter. Identify properties most at risk of damp and mould, especially those with previous complaints or known ventilation issues.
- Tenant Communication: Educate tenants on the importance of reporting damp and mould early and offer guidance on preventing condensation build-up, such as properly ventilating rooms and maintaining consistent heating.
- Resource Planning: Ensure that sufficient resources (labour, materials, and temporary accommodation) are available to meet the demands of winter repairs. This includes preparing for potential delays due to labour shortages, which have been an ongoing challenge in the housing sector
Impact on the Sector
As the 2024 consultation on Awaab’s Law nears completion, the housing sector is gearing up for changes in regulation. The Regulator of Social Housing (RSH) will have enhanced powers to monitor and enforce compliance with Awaab’s Law, and RPs will face increased scrutiny. Housing providers must balance these legal obligations with ongoing challenges, such as the cost-of-living crisis, which may impact tenants’ ability to adequately heat their homes, potentially worsening damp and mould issues.
As winter approaches, Registered Providers must be prepared to meet the heightened demands of maintaining property conditions under Awaab’s Law. By taking proactive steps to address damp and mould early, keeping thorough records, and adhering to the new regulatory timelines, housing providers can ensure tenant safety and reduce the risk of legal challenges. Winter 2024 is the first true test of Awaab’s Law, and RPs need to be equipped to manage these heightened responsibilities effectively.
Get in touch
If you need assistance ensuring compliance with Awaab’s Law or managing damp and disrepair in your housing stock, our expert Social Housing team can provide tailored advice and support.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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