The changes made to landlord and tenant law in England that have become known as Awaab's Law began to take effect on 27 October 2025 and additional new requirements will be introduced in 2026 and 2027. The new legislation and guidance serve as a wakeup call to social landlords.
According to the Regulator of Social Housing, as at March 2024, England had approximately 4.5 million social homes of which 2.9 million dwellings were owned by housing associations and 1.6 million homes were managed by local councils.
Fixing dangerous homes within strict repair timetables
Awaab's Law first appeared in February 2023 as a proposed amendment to the Social Housing (Regulation) Bill. The Social Housing (Regulation) Act received Royal Assent in July 2023; it introduced new measures to strengthen social housing regulation and significantly impacts the social housing sector in England.
Awaab’s Law places a duty on social housing providers to respond to dangerous housing conditions promptly and deal with hazards in their tenants' homes within strict timeframes.
We wrote about The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (made by The Secretary of State for the Ministry of Housing, Communities and Local Government (MHCLG) under powers conferred by the Landlord and Tenant Act 1985) in the summer; for a detailed review of the legislation, explore the carousel below. Awaab's Law was inserted into the Landlord and Tenant Act 1985 by the Social Housing (Regulation) Act 2023.
The phasing in of Awaab's Law
Phase 1 came into force on Monday 27 October 2025.
As a result of the reforms, landlords now need to consider the circumstances surrounding their tenants which could put them at risk, including young children and those with disabilities or health conditions. They need to take a person-centred approach that considers the vulnerabilities of the particular household that is affected. Temporary accommodation will have to be offered if homes cannot be made safe within the required timeframes.
The only significant hazards in Phase 1 are exposure to damp, mould and fungal growth. Phases 2 and 3 will widen the ambit of the hazards.
The press release from MHCLG (27 October 2025) states that the reforms do not solely concern keeping tenants safer in their homes, but are also about holding landlords to account. It is important for social landlords to note that non-compliance can lead to enforcement orders, the payment of compensation to tenants, the payment of some or all of a tenant’s legal costs and also to the loss of rent if dwellings become uninhabitable.
Phase 1 - Key requirements
- Emergency works must be investigated and remedied within 24 hours.
- Significant hazards must be investigated within 10 working days of becoming aware of them.
- A written summary of findings must be shared with the tenant within 3 working days of the conclusion of the investigation.
- Remedial safety works must begin within 5 working days of the investigation concluding.
- Where repair works cannot be begun within that time, the works must begin as soon as possible, and in any event within 12 weeks.
- Works must be completed satisfactorily within a reasonable time period.
- If the above timescales cannot be met, tenants must be temporarily moved.
- Landlords must keep the tenants updated throughout the process and provide information on how to keep safe.
When it comes into force (MHCLG's intention is to introduce the changes in 2026), Phase 2 will extend significant hazards to:
- excess cold and excess heat;
- falls that are 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.
When it comes into force (MHCLG's intention is to introduce the changes in 2027), Phase 3 will cover all other significant hazards under the housing health and safety rating system (HHSRS) apart from overcrowding. HHSRS a risk-based evaluation tool that is designed to help local councils in England and Wales assess the health and safety risks in residential properties arising from deficiencies in dwellings. It was introduced under the Housing Act 2004 and came into force almost twenty years ago, in 2006.
Recent government guidance on Awaab's Law
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Guidance for social landlords |
Guidance for tenants in social housing |
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The guidance for landlords includes a link to the Explanatory Memorandum to The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. Both sets of guidance include helpful diagrams, including the two below for tenants:
What to do if you spot an emergency hazard
Diagram 1: Step by step guide for an emergency hazard
Diagram 2: Step by step guide for a significant damp and mould hazard
The Renters’ Rights Act 2025 (RRA) and the private rented sector (PRS)
For the time being, Awaab’s Law only applies to social housing landlords.
However, the RRA, which received Royal Assent the same day as Phase 1 came into force, provides for both Awaab’s Law and the Decent Homes Standard to be extended to private sector tenancies. Secondary legislation will be required to extend the Awaab's Law to the PRS.
At 270 pages, the RRA is a landmark piece of legislation, the most significant reform the PRS has seen since the Housing Act 1988. The press release from MHCLG (27 October 2025) lauds the new Act as "securing a fairer future for 11 million private renters in England". For more information about the RRA, click on the link in the carousel below.
In relation to the Decent Homes Standard, the government proposes to implement the updated standard, which is currently under consultation, either in 2035 or 2037 to allow private sector landlords sufficient time to comply. We wrote about the Consultation on a reformed Decent Homes Standard for social and privately rented homes; to read our Insight, explore the carousel below.
Impact of Awaab's Law on building contracts and maintenance and repair agreements
The inception of Awaab's Law in England and Wales and the passing, by the Scottish Parliament, of the Housing (Scotland) Bill in September (which the Scottish Government amended to include powers for ministers to make appropriate regulations to extend Awaab's Law to Scotland) has a clear impact on the UK construction industry.
Focus on maintenance and repair agreements and FM hard services
Landlords of social and affordable housing need to ensure that maintenance contracts and FM arrangements (whether these are bespoke agreements or take the form of amendments to industry standard forms) 'cover' Awaab's Law hazards. It is an important starting point for landlords to note that they will remain responsible for compliance even when they have engaged third party contractors to remedy defects.
Landlords must therefore ensure that their maintenance and repair and FM contractors deliver the necessary repair services within the timescales required by Awaab's Law. This will require amendments to both contract terms and specifications. Contractors, on the other hand, are likely to accept new obligations in their terms of engagement only where a hazard as defined by Awaab's Law arises directly as a result of defective work or an act or omission for which they are responsible.
The rectification period in new-build and refurbishment contracts
It is common for the amendments made to industry forms of building contract to link the post practical completion rectification period (typically, one year in duration) to defects rectification protocols that have been agreed between the parties which categorise repairs and require the rectification of certain types of defect or repair to be completed within specified timeframes.
Whilst all landlords will expect new-build housing to be free from hazards on practical completion, it is recommended that provisions dealing with hazards arising during the defects liability period are now included to ensure that contractors are obliged to rectify defects which constitute a hazard under Awaab's Law.
Treading a fine line – and the right line; balancing objectivity and subjectivity
The additional obligations a social landlord might want to include when updating its building and refurbishment contracts and maintenance agreements is the need for the drafting to reflect its housing management strategies and working FM and repair practices, and those strategies and practices now need to be reviewed and updated in light of Awaab's Law.
An important point and distinction to note is the difference in approach taken under building and maintenance contracts and the requirements of Regulation 3 of Awaab's Law:
- the assessment of defects post Practical Completion is objective in nature and led by the building contract administrator (the architect or, in design and build procurement, typically the quantity surveyor)
however
- Awaab’s Law requires the landlord to adopt a person-centred approach, when assessing Awaab's Law hazards, that focuses on the tenant’s circumstances. The test is based on "the relevant knowledge" that a "reasonable lessor" would have, and "relevant knowledge" is defined as "the knowledge that the lessor of the social home has, or reasonably ought to have about the health and circumstances of the occupier".
Landlords need to prepare for this new requirement; understanding what personal data to capture and how best to process, manage and update it is now of paramount importance.
Personal data and special category data
Under UK data protection law, organisations are required to protect all personal data they handle.
Not all personal data is treated equally; there is an important distinction between personal data and special category data (which used to be known as sensitive personal data). Awaab's Law now requires social landlords to process special category data such as information relating to a tenant's health or vulnerability to assess and prioritise repair works.
Landlords must ensure they have a lawful basis for receiving and processing such information and, where applicable, an appropriate condition for processing special category data. Landlords must also understand when and how this information can be shared with managing agents and term service/ maintenance contractors and ensure that data sharing arrangements and contracts reflect these obligations. Landlords should consider what updates may be needed to privacy notices, data retention policies and security arrangements and be able to demonstrate that any information collected is necessary, proportionate and managed in line with data minimisation principles.
Failure to comply with data protection requirements can lead to significant legal, financial and reputational risk.
Let's take a peep at PEEPs
Another important related development that took place this year is the passing of The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (PEEPs).
These regulations and the accompanying guidance were published by MHCLG in July and take effect on 6 April 2026, Easter Monday. The new legislation follows recommendations that were set out in Phase 1 of the Grenfell Tower Inquiry report and is designed to improve the fire safety and evacuation of disabled and vulnerable residents in specified residential buildings in England who would have difficulties evacuating a building by themselves in the event of a fire.
Those caught by the new requirements also need to understand the issues around data protection.
PEEPs – At a glance
MHCLG's factsheet: PEEPs informs us that:
- the regulations were made pursuant to powers in Regulatory Reform (Fire Safety) Order 2005; as a piece of fire safety legislation, it is the responsible person under the 2005 order that will be legally required to meet the new measures.
The regulations also mandate building emergency evacuation plans in these buildings.
- It is the responsible person (typically, the building owner or manager) who will identify the residents who need PEEPs.
- A person-centred fire risk assessment has to be carried out – a conversation between the responsible person and the resident (if one is requested by the resident) – to understand their particular risks and identify how fire safety and evacuation can be improved.
- An emergency evacuation statement of what the resident should do in the event of a fire (if agreed between the responsible person and the resident).
- Information has to be provided to the Fire and Rescue Authority to help inform any operational response and in case they need to undertake evacuation (but only if the resident explicitly agrees to that information being shared).
- There is an ongoing duty to review the person-centred fire risk assessment / emergency evacuation statement, and the building emergency evacuation plan.
Key takeaway considerations
- Awaab's Law will require a change in mindset: it will demand both a more proactive tenant-centred approach towards residents and require greater focus on the competence of surveyors and contractors – which will include the speed of operations, efficiency in the delivery of services and an altogether improved administration service too – the all-important process of dealing with complaints.
- Landlords should review their complaints procedures to ensure they align with the new regulatory framework; tenants need to feel assured that their complaints will be processed swiftly and that surveyors who come to inspect properties and contractors who rectify defects will keep to appointments and keep them (the residents) updated. Landlords need to review their triage systems and reporting channels (communications between tenants and contractors).
- Awaab's Law requires landlords to act quickly. This may necessitate having to call out surveyors on short notice and require contractors to respond within tight timescales. Landlords are already revisiting their standard defects rectification protocols and placing greater emphasis on resource planning – both internally and in relation to their contractors to work out how best to meet timescales that are operationally challenging. It will be important to create rapid-response teams and protocols that govern communications, inspections and reporting within the tight deadlines.
- The reality is that it will simply not be possible to rectify some defects within the Awaab's Law timescales. The very nature of the rectification work might require multi-trade input, the ordering of materials that have a long lead in period and/or specialist equipment. Other works will necessitate substantial disruption to the affected building. In these circumstances, landlords may be able to rely on the reasonable endeavours defence. This needs to be fully thought through when updating property management strategies and keeping clear and detailed records in this respect will be crucial.
- A noteworthy statement in the "Guidance for social landlords" is to be found in the second paragraph of Section 2.4 (2.4 Damage due to breach of contract by the tenant):
"It is unacceptable for social landlords to assume that the cause of a hazard, such as damp and mould, is due to the tenant’s ‘lifestyle’.
Social landlords should not make assumptions and fail to take action or to investigate a damp and mould hazard on the basis of, for example, condensation they attribute to the tenant’s ‘lifestyle’.
It is unavoidable that everyday tasks, such as cooking, bathing, washing and drying laundry will contribute to the production of indoor moisture. These activities are unlikely to constitute a breach of contract on the part of the tenant and, therefore, should not be a reason not to take action through Awaab’s Law."
- Information, information, information! The importance of clear and robust record-keeping and its integration with BIM (where used), cannot be overstated. Records will be required as evidence to withstand regulatory scrutiny and to substantiate a defence that all reasonable endeavours were used by the landlord to avoid a breach.
Our roundtable discussions
We will be hosting roundtable discussions early in 2026 and are keen to hear your key concerns and practical matters arising.
If you would like to take part in our in-person discussions or are interested in any of the issues this alert raises – whether related to social housing and property disputes, construction contracts and maintenance agreements, health and safety (including fire) or data protection, please do not hesitate to contact any one of the named authors.
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