Awaab Ishak: Announce in GB Matter

Phase 2 of Awaab's Law, operationalised through the Social Housing (Regulation) Act 2023 and the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, significantly expands the scope of hazards for which social housing tenants in England can claim. Building on Phase 1's focus on damp, mould, and emergency repairs, Phase 2, expected in 2026, introduces new statutory duties for landlords to address a wider array of Housing Health and Safety Rating System (HHSRS) hazards. These include excess cold and heat, various fall risks, structural collapse, fire and electrical hazards, and issues related to domestic and personal hygiene and food safety. This phased implementation marks a pivotal shift in landlord accountability, providing tenants with enhanced legal recourse and requiring social landlords to adapt their compliance and repair frameworks to meet stringent new timeframes.

The landscape of housing disrepair in England is undergoing a transformative shift, driven by the phased implementation of Awaab’s Law. This landmark legislation, enacted as part of the Social Housing (Regulation) Act 2023, fundamentally redefines the obligations of social landlords towards their tenants. While the initial focus of Phase 1, which came into force on 27 October 2025, primarily addressed emergency hazards and significant damp and mould issues, the impending rollout of Phase 2 in 2026 signals a substantial expansion of tenant protections.

The impetus for Awaab's Law arose from the tragic death of two-year-old Awaab Ishak in 2020, caused by prolonged exposure to severe mould in his social housing flat. This devastating event underscored systemic failures within the social housing sector and highlighted the urgent need for robust legal mechanisms to ensure safe and healthy living conditions. The legislation aims to prevent similar tragedies by embedding a contractual duty into social housing tenancy agreements, compelling landlords to respond to and rectify prescribed hazards within strict timeframes.

This article will delve into the specifics of Awaab's Law Phase 2, outlining the new categories of hazards that social housing tenants can now claim for. It will examine how these expanded duties integrate with existing housing legislation, such as the Housing Act 2004 and the Homes (Fitness for Human Habitation) Act 2018, and discuss the practical implications for both legal practitioners and social landlords in navigating this evolving regulatory environment.

Prior to Awaab's Law, the primary statutory framework for assessing housing conditions was the Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004 and implemented in April 2006. The HHSRS is a risk-based assessment tool used by local authorities to identify and evaluate 29 prescribed hazards in residential dwellings, categorising them by likelihood and severity of harm (Category 1 being the most serious). While comprehensive, its enforcement often relied on local authority intervention, which could be inconsistent or slow.

Further strengthening tenant rights, the Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985, requiring landlords to ensure rented properties are fit for human habitation at the start and throughout the tenancy. This Act provided tenants with a direct route to court for issues affecting their health or safety, including those related to damp, mould, and other HHSRS hazards. Concurrently, Section 11 of the Landlord and Tenant Act 1985 has long placed a duty on landlords to keep the structure and exterior of a property in repair, and to maintain installations for water, gas, electricity, sanitation, heating, and hot water.

Awaab's Law, formally embedded in the Social Housing (Regulation) Act 2023 and detailed in the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, builds upon these foundations by introducing legally binding timeframes for social landlords to address hazards. Phase 1, effective from 27 October 2025, mandated that social landlords investigate emergency hazards and significant damp and mould within strict deadlines, such as 24 hours for emergency repairs and 10 working days for damp and mould investigations. This initial phase represented a significant step towards greater accountability, but the upcoming Phase 2 promises an even broader scope of protection.

Phase 2 of Awaab's Law, anticipated to come into force in 2026, marks a critical expansion of the hazards covered by the statutory repair timeframes. While Phase 1 concentrated on damp, mould, and immediate emergencies, Phase 2 extends these stringent requirements to a wider range of 'significant hazards' as defined by the Housing Health and Safety Rating System (HHSRS). The government guidance confirms that these additional hazards will include: excess cold and excess heat; falls associated with baths, on level surfaces, on stairs, and between levels; structural collapse and explosions; fire and electrical hazards; and domestic and personal hygiene and food safety.

This expansion means that social landlords will be legally obligated to investigate and rectify these newly included hazards within the same strict timeframes established in Phase 1: 24 hours for emergency hazards, 10 working days for investigation of significant hazards, and 5 working days for safety works, with complex works to be completed within 12 weeks. The inclusion of 'excess cold and heat' is particularly noteworthy, moving beyond mere disrepair to encompass issues of thermal comfort and energy efficiency, which can have profound impacts on tenant health, especially for vulnerable populations. Similarly, the explicit mention of various 'falls' hazards, structural integrity, and hygiene issues broadens the landlord's duty of care significantly, requiring proactive assessment and maintenance beyond traditional notions of structural repair.

The integration of these HHSRS categories into Awaab's Law effectively elevates them from issues that local authorities *could* address under the Housing Act 2004 to issues that social landlords *must* address within statutory deadlines, with tenants having direct contractual recourse for non-compliance. This shift is expected to present operational complexities for social landlords, as many of these new hazards may not fit neatly into existing repairs workflows and could require collaboration across different departments, such as building safety, compliance, and asset management.

Furthermore, the phased approach, with Phase 3 in 2027 aiming for near-full HHSRS coverage (excluding overcrowding), indicates a long-term commitment to comprehensive housing safety. This systematic incorporation of HHSRS hazards into Awaab's Law creates a more robust and enforceable framework than previously existed, empowering tenants and placing greater legal accountability on social landlords. The law also mandates clear record-keeping and communication with residents, ensuring transparency throughout the repair process.

The rollout of Phase 2 of Awaab's Law represents a significant milestone in strengthening tenant rights and landlord accountability within the social housing sector in England. By expanding the scope of prescribed hazards beyond damp and mould to include critical issues such as excess cold and heat, various fall risks, structural integrity, fire, electrical safety, and hygiene, the legislation provides a more comprehensive safety net for tenants. Practitioners advising social landlords must ensure their clients are fully prepared for these new duties, which necessitate a re-evaluation of existing repair processes, staff training, and resource allocation to meet the statutory timeframes.

For legal professionals representing tenants, Phase 2 offers expanded grounds for claims, providing clearer pathways for redress where landlords fail to meet their obligations. It is crucial for attorneys to understand the specific categories of hazards now covered and the associated deadlines to effectively advocate for their clients. As the law progresses towards full HHSRS coverage in Phase 3, the emphasis on proactive hazard management and timely intervention will only intensify. All stakeholders should closely monitor further guidance and enforcement actions from the Regulator of Social Housing, as these will shape the practical application and long-term impact of this vital legislation.