Social landlords have existing obligations under the Landlord and Tenant Act 1985 to keep properties in good repair and fit for human habitation.
Awaab's Law came into force on 27 October 2025 with the introduction of The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. Section 10A Landlord and Tenant Act 1985 now applies to all ‘relevant social housing leases’ in England, where s.9A LTA 1985 applies. It is now an implied term in all leases that a landlord will comply with ‘all prescribed requirements that are applicable to that lease’ and breach will be enforceable only through action for breach of covenant, for specific performance.
In the future the courts will increasingly be encouraging Alternative Dispute Resolution (ADR) and effective in-house complaint handling to resolve housing conditions claims without litigation. Landlords may be drawn to ADR as a way to minimise both risk and costs.
Paragraph 4.1 of the Pre-Action Protocol for Housing Conditions Claims (England) (the Protocol) states that parties should consider whether ADR may be more suitable than litigation. Forms of ADR include the landlord's own complaints process, mediation, or referral to the Housing Ombudsman.
It is crucial that landlords can demonstrate that they have genuinely considered ADR, as the court will consider the extent to which each party has complied with the Protocol when deciding who should pay costs.
Following the Churchill v Merthyr Tydfil CBC decision, the court can now order parties to engage in ADR, so long as this route is proportionate and accessible. Investing in a robust, transparent and well documented complaints handling process will enable the shift towards early, tenant-focused, non-litigious solutions.
It is also important to note that the complaints process should not be shut down once the Protocol has commenced – this route can be pursued simultaneously when seeking a solution to a disrepair complaint.
Improving and utilising an internal complaints procedure can have positive financial consequences as the levels of compensation set in policy are likely to be lower than the amount tenants can recover in court.
Housing Ombudsman Scheme
The Housing Ombudsman is also placing greater emphasis on compliance with its Complaint Handling Code. Landlords are now expected to publish their internal complaints procedure online and complete a self-assessment of their compliance with the Code.
The Regulator of Social Housing (RSH)
From April 2024, the RSH introduced mandatory Consumer Standards which all social landlords must follow, which are the:
- Safety and Quality standard
- Transparency, Influence and Accountability standard
- Neighbourhood and Community standard
- Tenancy standard
It is important to note that the RSH also now has proactive enforcement powers, including the ability to carry out regular inspections – even where no specific breach has been reported.
Just like with the Housing Ombudsman, the RSH will publish outcomes of its inspections and this kind of visibility means reputational risk is higher than ever.
Awaab's Law
The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 introduced strict timescales for responding to hazards:
- emergency works to be undertaken within 24 hours;
- significant hazards to be investigated within 10 working days; findings shared within 3 working days; and remedial works to be started within 5 working days of the investigation conclusion.
- completion of works must be within a reasonable period; and where delays are unavoidable, works must start within 12 weeks, or the tenant(s) must be decanted.
From 27 October 2025, the focus is on damp and mould and emergency repairs. In 2026, this will expand to hazards such as excess cold/heat, falls, structural collapse, fire risks, electrical hazards, and hygiene risks, with full rollout applying to all hazards, save for overcrowding, by 2027.
Prior to 27 October 2025 many social housing landlords may have experienced a noticeable reduction in the number of new housing conditions claims they received. However, the transitional provisions for where a social housing landlord became aware of a relevant matter before this date, are as follows:
- For an emergency investigation, the ‘first report’ will be after 27 October 2025, even if a report of damp and mould was previously made or, if after this date, should the landlord become aware of a material change to an issue it was previously aware of.
- For a standard investigation, the important date is when the issue is first reported after 27 October 2025, or where a social housing landlord becomes aware of a material change after 27 October 2025 to an issue it was previously aware of.
As the timelines to respond to household hazards become tighter, the risk of associated housing conditions claims being brought by tenants increases. The only defence available to landlords is that they used "all reasonable endeavours" to avoid the breach – which is a high bar.
Implications of These Changes
- Awaab's Law and Increased Legal Exposure
Failure to meet the strict repair timescales gives tenants a clear route to claim damages, and the "all reasonable endeavours" defence will be difficult to rely on without a robust and well-documented complaints handling process. - Greater Operational Pressure
The timescales for investigating and remedying hazards are short – especially for complex issues like damp, mould, or electrical works. Landlords need to ensure they have sufficient resources, supply chain capacity, and processes to meet these deadlines. - Higher Scrutiny and Compliance Burden
With the Housing Ombudsman, RSH, and potentially the courts all looking at complaint handling and compliance, social landlords need to be able to demonstrate they are proactive, transparent, and responsive. Public reporting of performance also increases the reputational stakes.
What Landlords should be doing
Social housing Landlords should be looking at their internal complaints processes and giving consideration to doing the following:
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Audit and strengthen repairs process
Mapping the current end-to-end process for identifying, investigating, and completing repairs. Identify bottlenecks that would prevent meeting the Awaab's Law timescales and keeping this process under regular review. - Review and resource supply chains
Ensure the right contractors and internal teams are in place for high-priority works, particularly damp and mould remediation and electrical safety checks and giving consideration to contingency arrangements for emergencies. - Overhaul complaints and ADR readiness
Updating internal complaints procedures to fully align with the Housing Ombudsman's Code and keeping this procedure under review. Staff should be regularly trained on effective complaints handling to ensure it can be demonstrated that ADR was properly considered before any case reaches court.
The reality is that social housing landlords will be tested as those advising tenants are likely to be advising them, where they have previously reported damp and mould, they should do so again, in order for the new requirements to bite.
The Build to Rent and private rented sectors should look to the social housing sector and start preparing for the introduction of Awaab's Law as a result of the Renters' Rights Act being enacted as there is time to draft, implement, review and amend complaints procedures whilst awaiting implementation dates.
Streamlining repairs processes, building capacity for rapid response, and embedding a proactive compliance culture is key otherwise consequences could be costly.
