Awaab’s Law and the Private Rented Sector
How would Labour’s promised extension of ‘Awaab’s Law’ to the Private Rented Sector work?
Victoria Smith
Partner
020 7880 4244
Within their manifesto, Labour set out their intention to raise property standards, to include extending Awaab’s Law to the private rented sector.
What is Awaab’s Law?
Awaab’s Law was introduced in the Social Housing Regulation Act 2023 and effectively inserts into social housing tenancy agreements an implied term that will require social landlords to comply with new legislation, to be set in detail through secondary legislation.
Awaab’s Law will require all registered providers of social housing to investigate and fix reported health hazards within specified timeframes. In the event that they fail to do so, tenants will be able to hold their landlords to account by taking legal action through the courts for breach of contract.
On 9 January 2024 the then Department for Levelling Up, Housing and Communities launched an 8-week consultation looking at proposals for implementation of Awaab’s Law.
The consultation provided background information covering the context within which Awaab’s Law was being introduced, hazards and repairs too frequently seen in social housing, how the new Law would be enforced and how the legal route to redress is intended to operate. It also set out which specific hazards the then Government proposed would be included within the scope of Awaab’s Law.
Whilst the requirements of Awaab’s Law are not yet in force, even for social housing, the direction of travel was clear from the consultation and it seems unlikely Labour will significantly change that direction. On that basis we can be pretty sure on the following:
- Awaab’s Law will take into account the 29 health and safety hazards set out in what is known as the Housing Health and Safety Rating System (HHSRS). Examples of the 29 matters currently covered by the HHSRS include damp and mould growth, excess cold and excess heat, carbon monoxide, falling on stairs and electrical hazards. The HHSRS operates by evaluating the potential risk of harm to an actual or potential occupier from their living environment and is a means of rating the danger. Hazards are given bands ranging from A (the most dangerous and life threatening) to J (the least serious). Bands A-C are defined as a Category 1 hazards and bands D-J a Category 2 hazards. Under the Decent Homes Standard, properties must be free Category 1 hazards.
- Hazards should be defined as those that pose a significant risk to the health or safety of the actual resident in occupation of the property. A hazard would not need to be a Category 1 level to be within the scope of Awaab’s Law.
- To determine whether a hazard poses a significant risk, and is therefore in the scope of Awaab’s Law, it is recommended that landlords use their judgement and the existing processes they have in place for triaging repairs.
The consultation set out a number of proposals, including the timeframes within which Awaab’s Law would require landlords to investigate potential hazards and begin works after being made aware of the hazard. Whilst there were no specific proposals as to the timeframes for completing works, the intention appears to be that the requirement would be to complete within a reasonable period and that, in deciding what is reasonable, amongst other things, the needs of residents should be considered.
The consultation further proposed that emergency repairs must be actioned as soon as practicable and, in any event, within 24 hours. It is proposed that landlords must offer to decant residents where a hazard poses a significant, or significant and imminent, risk of harm or danger and the property cannot be made safe within specified timescales.
The consultation closed well before the election and Labour will have inherited its results. We would expect the new Government to move quickly now to bring into force Awaab’s Law so far as originally intended, i.e. in respect of social housing tenancies. That then leaves them to get on with their own policy….
Labour’s Proposal
As set out above, Awaab’s Law, as currently enacted will, once in force, apply only to the social housing sector - meaning that only social landlords will have to meet its requirements.
Within their manifesto, Labour set out their proposal to extend Awaab’s Law to the private rented sector. This proposal came as no surprise. Since the consultation was published in January 2024, Labour has had a clear message that Awaab’s Law should also apply to the private rented sector.
- In January 2024, Angela Rayner made Labour’s intentions clear, explaining that “1.6 million children are living in cold, damp and mouldy homes in the private rented sector”.
- Speaking at the Chartered Institute of Housing’s Presidential Address and Charitable Appeal on 8 February 2024, Sir Keir Starmer explained that an extension to the private rented sector was proposed so that “no child has to grow up in homes where mould grows on the walls or water drips from the ceilings.”
- Just last month, Labour claimed that plans to extend Awaab’s Law is a priority for the party, with Angela Rayner further commenting that “we see over a quarter of the private rented sector where the decent homes standards are not being met. So by extending Awaab’s law to the private sector, it means that we will improve people’s health”.
- When questioned, Angela Rayner acknowledged that whilst there is a lot of work to be done to extend Awaab’s Law to the private rented sector, it remains a top priority.
So now that Labour are in power, in light of the clear messages and consistent comments, it seems likely that we will see an extension of Awaab’s Law to the private rented sector in the coming months. In order to implement this, we are likely to see amendments to the Social Housing Regulation Act 2023, along with a further consultation seeking views from private tenants and landlords.
Whilst many large social landlords may already be geared up for the changes being introduced by Awaab’s Law, this is likely not the case for many private landlords. They will need to swifty become familiar with the proposals and ensure that they have the infrastructure in place to respond within the timescales set out. This may result in many private landlords appointing large professional managing agents to assist with compliance.
Whilst Labour gets to work, we will hold tight for further announcements. For more information on Awaab’s Law, please don’t hesitate to contact Victoria Smith.
Tel: 020 7628 7576
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Copyright in this publication belongs to Devonshires Solicitors LLP. The content of this publication is current as at the time of publication. It is intended as guide to the subject matter and not as legal advice, and it should not be construed as the giving of legal advice. For further information, please email one of the contacts named at the end of this publication.