Government launches consultation on ‘strict time limits’ for Awaab’s Law

Housing secretary Michael Gove said: “The tragic death of Awaab Ishak should never have happened. His family have shown courageous leadership, determination and dignity to champion these changes and now it’s time for us to deliver for them through Awaab’s Law.  

“Today is about stronger and more robust action against social landlords who have refused to take their basic responsibilities seriously for far too long. We will force them to fix their homes within strict new time limits and take immediate action to tackle dangerous damp and mould to help prevent future tragedies.  

“Alongside Awaab’s Law, our landmark Social Housing Act will drastically improve the quality of life in social housing, granting residents a proper voice to fight those who think they can cheat the system and ensuring rogue landlords face the full force of the law.”

 

The hazards covered in Awaab’s Law

 

In the consultation, government proposed that Awaab’s Law should take into account the 29 health and safety hazards set out by the Housing Health and Safety Rating System (HHSRS).

 

The Department for Housing, Levelling Up and Communities (DLUHC) proposed defining hazards in scope of Awaab’s Law as those that pose a “significant risk” to the health or safety of the actual resident of the dwelling.

 

This means that a hazard does not have to be at Category 1 level in order to be in scope of Awaab’s Law because there may be instances where a particular resident is at a greater risk from hazardous conditions, for example a tenant with asthma may be at greater risk from a home affected by damp and mould.

 

DLUHC said that to determine whether a hazard poses a significant risk and is therefore in scope of Awaab’s Law, it recommends that landlords use their judgement and the existing processes they have in place for triaging repairs.

 

The consultation said: “Landlords should also utilise a range of available information to determine whether there is a risk to residents, including HHSRS guidance, information about residents’ vulnerability or age, and other available guidance.”

 

Initial investigations of potential hazards

 

The consultation has proposed that if a provider is made aware of a potential hazard in a social home, it must investigate this within 14 calendar days to ascertain whether there is a hazard.  

 

The government said that social landlords must be aware of the hazard in order for these timescales to apply and could be made aware by traditional means, such as a phone call, or through its own scheduled surveys or investigations.

 

The point at which the provider becomes aware of a potential hazard is the point at which legal obligations under Awaab’s Law will begin, the consultation said. It will not be necessary for residents to take a complaint through a landlord’s formal complaints procedure in order to trigger the timescales.

 

DLUHC said that landlords should log any reports of potential hazards “appropriately” and make sure they are keeping a record, and that the investigation must “sufficiently determine” whether there is a hazard, and if so, the level of risk to a resident’s health or safety.

 

Landlords will not be expected to physically inspect all properties where a potential hazard is reported to ascertain whether there is a hazard.

 

“Modern technology allows for information sharing (for example photos and videos) that can facilitate remote investigations in some circumstances,” the consultation said.

 

“Landlords will be expected to make a judgement on the best way to conduct an investigation, however, should a resident request a physical investigation, the registered provider must arrange for a physical investigation of the property within 14 calendar days of the potential hazard initially being reported.”

 

Government has proposed that landlords be given seven days to start work if there is a risk to a resident’s health or safety but said that medical evidence should not be required to determine the risk.

 

On damp and mould, DLUHC said that while landlords would have up to 14 calendar days to investigate potential hazards, it expects providers to be “taking action as quickly as possible”, continuing to aim to meet their own repairs and maintenance targets, and to not delay any investigations.

 

It said that when investigating reports of damp and mould, it is “crucial that the issue is not simply dismissed as a resident’s fault” and caused by ‘lifestyle choices’.

Written summaries of investigation findings

 

The consultation has proposed that within 14 calendar days of being made aware that there is a potential hazard in a social home, the provider must give a written summary of findings to the resident.

 

This must include details of any hazard identified and, if applicable, next steps, including an anticipated timeline for repair and a schedule of works.  

 

The government also proposed that residents be issued with a written summary of the findings of the investigation within 48 hours of the investigation completing. If the landlord cannot provide this and only the immediate steps they are taking, such as temporary repairs, it should inform the resident of when they can expect a full schedule of works.

 

The consultation said: “There may be instances where the social landlord will not be in a position to set out exact dates for next steps (for example, where dates are dependent on external contractors’ availability). In those instances, social landlords should provide an estimated timeframe to residents and follow up with specific timings.”

 

Beginning repair works

 

The consultation has proposed that if the investigation indicates that a reported hazard poses a “significant risk” to the health or safety of the resident, the provider must begin repair works within seven calendar days of the written summary being issued.

 

It said the level of risk that a hazard presents will need to be assessed on a case-by-case basis, making ‘significant risk of harm’ a subjective term. Landlords would not be required to undergo an HHSRS assessment to determine the level of hazard. 

 

Government said it considers that ‘beginning’ repair works would entail a worker being on site physically starting to repair and rectify a hazard.

 

DLUHC said it recognises that in some situations providers may wish to take a “phased approach” to more complex remediation works, and temporary works will be required to keep the property safe before wider works are completed. These temporary works must start within seven days, with details of further works to be included in the written report.

 

Completing repair works

 

The consultation has proposed that the provider must “satisfactorily complete repair works within a reasonable time period”. The resident should be informed of this time period and their needs must be considered.

 

It said repairs should not be “unreasonably delayed” and evidence should be provided where delays to repairs are necessary. Planned programmes of works in the future cannot substitute work needed to address hazards in social homes, which must be prioritised, the consultation said.

 

Timescales should reflect the nature of the problem and be proportionate to the scale of the repair and consider the needs of the residents.

 

The consultation said: “We recognise that some hazards will be more complex than others to repair and for this reason believe it would be impractical to set a fixed time limit for the completion of all repairs under Awaab’s Law.”

 

Timescales for emergency repairs and decanting if these are not possible

 

The consultation said that the provider must action emergency repairs “as soon as practicable and, in any event, within 24 hours”.

 

Government said it considers that hazards warranting emergency repairs are those that present a “significant and imminent risk of harm”.

 

The consultation proposed that in the event that the investigation finds a hazard that poses a significant, or a significant and imminent, risk of harm or danger, and the property cannot be made safe within the specified timescales for Awaab’s Law, the provider must offer to arrange for the occupant(s) to stay in “suitable alternative accommodation” until it is safe to return.

 

This is intended to make sure that residents can be protected if dangerous hazards cannot be removed within the timescales set through Awaab’s Law.

 

Record-keeping

 

The consultation proposed that the provider will be expected to keep clear records of all attempts to comply with the proposals, including records of all correspondence with the resident(s) and any contractors.

 

If the provider makes all reasonable attempts to comply with the timescales but is unable to for reasons genuinely beyond their control, it will be expected to provide a record of the reasons that prevented it from doing so.  

 

The consultation said: “We want any new requirements to be proportionate and deliverable for landlords, whilst achieving the best outcomes for residents. We recognise that in certain limited circumstances, fixed time limits will not be possible for landlords to meet for reasons beyond their control.

 

“We propose including in regulations provision for a defence if landlords have taken all reasonable steps to comply, but it has not been possible for reasons genuinely beyond their control.

 

“We propose that landlords keep records of their attempts to comply with Awaab’s Law, so that in instances where they fail to meet time limits for reasons beyond their control, they can defend themselves if residents choose to take legal action.”

 

If a resident is unwilling or unable to provide access to the landlord within the timescales, it will not be in breach for missing the timescales.

 

However, the landlord will be expected to continue to work as quickly as possible to enter the property to investigate and/or remedy the hazard. Once the provider has accessed the property, the proposed timescales will apply.