Awaab’s Law: A letting agent’s guide

Awaab’s Law was first introduced to the social housing sector in 2023, following the tragic death of two-year-old Awaab Ishak due to prolonged exposure to mould in his home. Despite repeated complaints from his family, the landlord failed to address the issue. Now, through the Renters’ Rights Bill, these standards and regulations will be applied to the private rental sector. 

Michael Gove, the Housing Secretary at the time, stated that the "death of Awaab Ishak should never have happened." Awaab’s Law aims to "force landlords to fix homes within strict new time limits and take immediate action to tackle dangerous damp and mould to prevent future tragedies."

While this law currently applies to social housing, the Renters' Rights Bill will soon extend it to the private rental sector. Letting agents need to understand what Awaab’s Law means for their operations and how it affects them.

In this guide, we cover:

• The need for damp and mould regulations
• What is Awaab’s Law?
• Time frames under Awaab’s Law
• The differences between Awaab’s Law and the Decent Homes Standard
• When will Awaab’s Law be implemented in the private rental sector?
• What are a letting agent’s responsibilities for Awaab’s Law?

The need for damp and mould regulations

Damp and mould are prevalent issues in the housing sector. The English Housing Survey 2022-2023 revealed that 4% of dwellings, including 9% of privately rented homes, suffer from damp.

Awaab’s Law, driven by Awaab’s family and Shelter, seeks to enforce stricter accountability for landlords. Initially part of the Social Housing (Regulation) Act 2023, the law will now be expanded to private rentals through the Renters' Rights Bill, alongside the Decent Homes Standard. It was also part of the Conservative Government’s A Fairer Private Rented Sector, to reduce non-decency in rented homes by 50% by 2030.

Download a letting agents guide to responsibility around damp and mould

What is Awaab's Law?

Awaab’s Law holds landlords accountable for promptly addressing damp and mould complaints. It also covers 29 health and safety hazards under the Housing Health and Safety Rating System (HHSRS), including:

• Damp and mould growth
• Excess cold or heat
• Asbestos
• Domestic hygiene, pests and refuse
• Personal hygiene, sanitation and drainage
• Falls associated with baths, level surfaces, stairs or between levels

You can find a full list of the hazards here

Time frames under Awaab’s Law

Currently, social housing landlords must follow strict timelines for damp and mould complaints. Letting agents should prepare for similar rules in the private sector under the Renters’ Rights Bill. Key deadlines include:

• Investigating hazards within 14 days of a complaint.
• Providing a written report within 14 days, detailing the issue, next steps, and timelines.
• Starting repairs within 7 days if the hazard poses a health risk.
• Completing emergency repairs within 24 hours.
• Completing all other repairs within a "reasonable time" under the Landlord and Tenant Act 1985

If repairs cannot be completed promptly, whether it’s for emergency hazards or not, landlords may need to provide alternative accommodation.

Letting agents should also maintain detailed records of all communications between landlords, tenants, and contractors to ensure compliance.

What is the difference between Awaab’s Law and the Decent Homes Standard?

While the Decent Homes Standard focuses on ensuring homes are in good repair with modern facilities and adequate thermal comfort, it does not specifically address damp or mould. Awaab’s Law fills this gap, ensuring rental homes are safe and healthy for tenants.

Both standards are currently applied to social housing but will soon extend to the private rental sector through the Renters' Rights Bill.

🏡 Download your guide to the Decent Homes Standard here 🏡

When will Awaab’s Law be implemented in the private rental sector?

As of September 2024, Awaab’s Law will form part of the Renters' Rights Bill, which is currently in its second reading in the House of Commons. With Labour holding a majority following the last General Election, it is expected to pass through parliament quickly.

Ryan Heaven, Associate Solicitor at Dutton Gregory, anticipates that the bill could become law by January 2025, though this timeline may shift.

Find out more about Ryan’s analysis of the Renters’ Rights Bill by watching our video

What are a letting agent’s responsibilities for Awaab’s Law?

Letting agents will play a crucial role in ensuring compliance with Awaab’s Law. They should:

• Keep thorough records of all communications between landlords, tenants, and contractors.
• Ensure landlords act within the law’s timeframes for repairs.
• Educate landlords on their obligations under both Awaab’s Law and the Decent Homes Standard.
• Guide landlords through the new legislation to avoid penalties.

Agents can also help landlords navigate the broader Renters’ Rights Bill by staying informed of legislative updates.

Goodlord provides up-to-date guides and resources to help letting agents stay ahead of regulatory changes and support their landlords.

This article is intended as a guide only and does not constitute legal advice. Visit gov.uk for more information.