Posted: 1st October 2024
What is Awaab's Law?
In December 2020, Awaab Ishak tragically passed away shortly after his second birthday. The coroner determined that this young boy "died as a result of a severe respiratory condition caused by prolonged exposure to mould in his home environment. Action to address and prevent the mould was not taken."
Since then, Awaab’s family, in collaboration with Shelter, has campaigned for the establishment of "Awaab’s Law." This proposed legislation, currently progressing through parliament, mandates that social housing landlords must:
- Investigate hazards within 14 calendar days. For a comprehensive list of hazards, refer to the Appendix.
- Provide a written report of the investigation. This report must be submitted within the specified 14-day period and should include details of the hazard, proposed next steps, and a clear timeline for the necessary repairs.
- Commence repair work within 7 calendar days if the hazard poses a significant risk to the health or safety of tenants. Defining a significant health risk will NOT require a doctor's note, in line with government policy aimed at reducing NHS waiting times. Hazards may be classified as ‘significant’ based on guidelines established by the government, which take into account the severity of the issue as well as the age and vulnerability of the tenants.
- Complete repair work within a ‘reasonable time frame.’ The registered provider must satisfactorily finish repairs within a ‘reasonable timeframe’ as outlined in the Landlord and Tenant Act 1985.
- Emergency repairs must be finalized within 24 hours. Social housing landlords should initiate emergency repairs as quickly as possible, but in all cases, within 24 hours.
- Social housing landlords must provide alternative accommodation if repairs cannot be completed. In situations where emergency repairs are necessary for hazards that pose an imminent or significant risk to tenants, and repairs cannot be completed within the specified timeframes, suitable accommodation must be arranged for the tenants.
- Social housing landlords are expected to maintain a clear record of all correspondence with residents and contractors. This includes all communications with residents regarding the issue and any interactions with contractors.
Awaab’s Law addresses a significant gap in the legislation outlined in the Decent Homes Standard, which currently fails to directly address damp or mould—an alarming oversight. This has serious consequences in the capital, where 2 in 5 Londoners reported experiencing damp or mould in their homes over the past year.
These households remain vulnerable to unscrupulous landlords who are not legally required to resolve the issue. Awaab’s Law would represent a positive step forward, establishing mandatory repair timelines for individuals living in social housing.
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