Awaab's Law – a legislative update and, separately, recommendations for development transactions

Background and Recent developments

As readers will be aware, the introduction of Awaab's Law marks a significant shift in the responsibilities of social landlords, aiming to ensure tenant safety and address hazardous living conditions promptly.

The legislation, named after Awaab Ishak, who tragically passed away due to prolonged exposure to mould in his home, puts forward a robust framework, designed to empower tenants and hold landlords accountable for maintaining safe living environments.

We have brought together in this article: 

• an update on the legislative process; and
• our thoughts on the approach for providers to adopt in respect of managing the cross-over of the new law with the administration of development/handover processes and related contractual documentation.

The phased implementation approach to the new rules

Following the initial consultation period in the early part of last year, the Government outlined a phased approach to implementing Awaab's Law, signposting significant milestones for the coming years.

This has included, in its February 2025 press release (MHCLG), confirming that from October 2025, social landlords will be mandated to address damp and mould hazards that pose significant risks, as well as all emergency hazards, within specified timeframes. By 2026, the scope will expand to include other significant hazards, such as structural collapse, fire, and electrical issues. By 2027, the requirements will cover all hazards that are significant, as identified by the Housing Health and Safety Rating System (HHSRS), excluding overcrowding.

Recent developments

In our article last month, Devonshires’ lawyers wrote about the implementation timeline and the recent:

• Issuing of the Government’s response to the consultation on new requirements under Awaab’s Law, including timescales required for repairs within the social rented sector 

and

• the publication of the Government’s draft guidance for social landlords, which is unpacked in more detail in our earlier article, available here . 

Current statutory timeline and the extension of Awaab’s law to the private sector 

The Government has laid its proposed regulations before Parliament, to bring the requirements of Phase 1 of Awaab’s Law into force. These will now be subject to the approval of both Houses of Parliament. The Government will publish its final guidance for landlords before the new regulations come into force.

The Renters’ Rights Bill, also currently before parliament, will extend Awaab’s Law (i.e. Section 42 of the Social Housing (Regulation) Act 2023) to the private rented sector, and impose similar requirements on private landlords about addressing various hazards within specified time periods. The date this is going to impact the private rented sector is currently unknown, with details to be set out in regulations after consultation.

There was speculation that the Renters’ Rights Bill would receive Royal Assent and become law before Parliament’s summer recess in July, i.e. before coming into force in late 2025/early 2026. Due to delays and the Report Stage within the house of Lords now finishing its final sitting on 15 July, this did not happen. 

However, on 21 July the draft Bill finally cleared the House of Lords, passing the third reading and returning to the House of Commons with amendments. With the House of Commons summer recess dates being 22 July – 1 September, Royal Assent for the new law will therefore be delayed until after this summer recess.

It’s reported that the Bill has been provisionally scheduled to return to the House of Commons, for the so-called “ping-pong stage”, where amendments will be considered on 8 September. This is with the aim of the Bill becoming law before the Labour Party Conference (28 September - 1 October), but this is not certain.

What it all means in practice for housing providers

Ahead of the regulations coming into force on 27 October 2025, social landlords are currently ensuring that they are equipped to meet the requirements of Phase 1 of Awaab’s Law, which includes reviewing their policies and procedures.

We have been supporting our clients with that process and the sector dialogue around it, including our recent round table discussion.

Development scenarios

As we turn to look at this specific aspect, it is helpful here to first provide a quick reminder of the responsibilities of social landlords and, linked to this, a tenant’s legal recourse under Awaab's Law.

The social landlord

Under Awaab’s Law, social landlords are required to: 

• investigate potential hazards within ten working days of becoming aware of them
• provide a written summary of their findings to tenants within three days of the investigation
• initiate necessary repairs (for significant or emergency hazards) within five working days or at least commence work within 12 weeks if immediate action is not feasible. Emergency hazards must be addressed within 24 hours. 
• In situations where repairs cannot be completed promptly, landlords must provide suitable alternative accommodation to ensure tenant safety. The law applies to almost all social housing occupied under a tenancy, with specific exceptions outlined in the legislation. 

Tenants

If landlords fail to comply with the requirements of Awaab's Law, tenants will have the right to take legal action for breaches of contract. Additionally, tenants can seek redress through the landlord's complaints procedure, the Housing Ombudsman, or alternative dispute resolution mechanisms. Social landlords may have a defence if they can demonstrate that they have taken all reasonable steps to comply with the law but were unable to do so due to circumstances beyond their control, but this would usually need to be analysed on a case-by-case basis.

Why this matters to development scenarios

Given the above, it is hopefully easy to identify how, within a development context, where a relevant hazard emerges post-handover of a new unit, the housing provider will want to approach the remediation of that hazard:

• within the context of it amounting to a relevant defect for which the developer/housebuilder is responsible and/or under any applicable housing warranty

but (also) now need to do so:

• in accordance with and having regard to the requirements of Awaab’s Law.

Contractual obligations

How this approach pans out will, in practice, depend on the timing of the occurrence/knowledge of the 'defect' arising, and the precise terms of the obligations of the relevant parties set out in the applicable development/works agreement - including any defects remediation provisions, associated response times and liability periods - and the terms of any applicable housing warranty policy document. 

New clauses?

New business teams and their employer’s agents will now need to factor this in when negotiating and agreeing these processes in the underlying contract. This might include the inclusion of provisions directly linking the defects requirements directly to Awaab’s law, for example:

• a saving provision requiring remediation of defects within and in accordance with the applicable timeframes and requirements of Awaab’s law; and 
• the provision of any reports or documentation necessary to comply with a provider’s obligations pursuant to Awaab’s Law.

Off the hook then?

Compliance with Awaab’s Law cannot be sidetracked because of delays/non-performance from a developer/housebuilder – ultimately, the housing provider remains legally accountable for ensuring that hazards are remedied within the statutory deadlines, even if this means undertaking temporary or permanent works themselves and seeking recovery from the developer/housebuilder later.

This dual contractual/legislative framework creates a compliance imperative for a housing provider’s delivery (and any other relevant) team(s) to have robust post-handover inspection, reporting, and escalation procedures in place, to ensure that legal duties under Awaab’s Law are met while also preserving their contractual rights under the development documentation. We can help you to navigate that course, at appropriate points throughout the development journey.

If you would like to discuss these matters further please get in touch with: 

• in respect of development aspects, Triya Maicha or Charlotte Sawyer 
• for more general queries relating to Awaab’s law, Baljit Basra.