Awaab’s Law Consultation
The Social Housing Regulation Act 2023 included provisions for the introduction of Awaab’s Law which aims to protect residents from health and safety risks in their homes by requiring landlords to investigate and fix reported health hazards within specified timeframes. The consultation seeks views on how Awaab’s Law should be implemented, specifically regarding time scales for investigations and carrying out repairs.
The consultation proposes the introduction of a new legal obligation to investigate hazards within 14 calendar days with a requirement to start work on remedying identified hazards within 7 days. Where emergency works are identified, these must be actioned within 24 hours. If the property cannot be made safe within the specified timescales, the registered provider must offer to arrange for the occupant(s) to stay in suitable alternative accommodation until it is safe to return. These new rules will form part of a tenancy agreement, so that tenants can hold landlords to account by law if they fail to respond to issues and provide a decent home.
The consultation proposes that Awaab’s Law should take into account the 29 health and safety hazards set out in the Housing Health and Safety Rating System (HHSRS) but must additionally take into account the vulnerabilities of those living in the household.
Hazards in scope are those that pose a significant risk to the health or safety of the actual residents of the property, therefore, identifying whether a repair meets the threshold of Awaab’s Law will not necessarily match current routine or emergency repair definitions. Where residents have vulnerabilities, routine repairs will potentially fall within the scope of Awaab’s Law.
The consultation sets out new higher expectations in terms of record keeping around repairs. There is also a new requirement to provide residents with a written summary of findings within 48 hours of the investigation setting out if a hazard was found along with details of the follow up response and timescales as well as how to contact the landlord with any queries.
Cost Implications
The consultation makes an assessment of the cost implications for landlords of implementing Awaab’s Law. It is assumed that for the most part implementation costs will be relatively low as any works required are not a new burden but reflect existing landlord responsibilities and therefore shouldn’t cost more than under current arrangements. In practice, the introduction of tight timescales and increased demand for some specialist contractors are likely to increase costs in some areas.
It is estimated that the cost of preparing and sending written summaries to residents following property inspections will cost local authority registered providers around £5.1m annually, but the assumption is that automation will significantly reduce this figure over time. In addition, a small one-off element of transition costs is identified relating to staff training and familiarisation with the new arrangements (amounting to a total of a total of £513,000 across the local authority sector overall).
This is an 8-week consultation closing on 5th March 2024.
