With Awaab’s Law due to be implemented for damp and mould cases later this year, Neil Merrick takes a look at how social housing providers are preparing and seeks to understand their anxieties about the new legislation.

By the time Awaab’s Law takes effect in October, it will be nearly five years since the young boy after which the law is named died in a mouldy flat in Rochdale.

It took another two years, in late 2022, for the impact of Awaab Ishak’s death to be felt across the social housing sector. That was after a coroner ruled that Awaab, aged two at the time, died from prolonged exposure to damp and mould in the home his family rented from Rochdale Boroughwide Housing.

From this October, social landlords in England will be required to deal with damp and mould problems within fixed timescales. For ‘high-risk’ cases, this is likely to mean 14 days, though precise deadlines have still to be confirmed.

All emergency repairs (regardless of whether they involve damp and mould) will need to be addressed within 24 hours.

So, with six months to go, are housing associations and local authorities ready for the tough new regime?

The ombudsman’s view

In spite of criticising social landlords that fall short over complaint handling, Housing Ombudsman Richard Blakeway is reasonably confident most are geared up for when the law takes effect.

“It’s a cultural shift. We’re making sure that every single colleague can spot the extent of damp and mould when they enter people’s homes. Our view is that it’s a ‘must do’”
Nick Atkin, chief executive, Yorkshire Housing

Not only have they stopped blaming damp and mould on tenants’ ‘lifestyle choices’, most have also adopted a zero-tolerance policy, along with ways of putting that policy into practice.

“There’s been really positive progress in harmonising tests and in openness and transparency with tenants,” says Blakeway. “More resources are going into it, along with more expertise and greater focus in the boardroom.”

Landlords that previously placed damp and mould under general repairs now have specific policies. “We’ve had to adapt to a world where damp and mould is a big part of what we do as a social landlord,” says James Clark, assistant director of housing in Rotherham [see below]. “We’re working hard to get the message out there.”

Yorkshire Housing chief executive Nick Atkin is equally forceful. “We could see that Awaab’s Law was going to be a huge challenge for all housing providers but we need to get past that,” he says. “It’s a crucial step towards ensuring our homes are safe and healthy.”

Concerns

True, there have been murmurings – not about the principle behind the legislation but about the cost and practicality of devoting a sizeable portion of repairs budgets to damp and mould problems.

Last year, in its response to a consultation on Awaab’s law, the London-based G15 group, said: “We’re concerned that the proposals could significantly increase the demand on repairs services without leading to the speedier resolution of hazards.”

The group also raised concerns over “a surge in spurious legal disrepair claims that are neither in the resident nor the landlord’s interest”. A sub-group of G15 asset directors has begun meeting to look specifically into the impact of Awaab’s Law on overall repairs budgets.

“We’ve had to adapt to a world where damp and mould is a big part of what we do as a social landlord”
James Clark, assistant director of housing, Rotherham Council

Alistair Smyth, director of policy and research at the National Housing Federation, welcomes the long lead-in time for the introduction of Awaab’s Law. This has allowed associations to assess cost implications and introduce systems for triaging calls so that higher-risk problems are dealt with sooner.

“There’s been increased training to help staff understand the problem and take action accordingly,” he says. “We recognise that the government has come to a compromise position in the timescales it’s set out.”

At Yorkshire Housing, a dedicated team of 11 staff is responsible for responding to damp and mould complaints. Severe cases are dealt with in 24 hours and others within seven days.

The association also examines data showing the condition of homes to assess risk and plan repairs, with smart sensors tracking temperatures and humidity. Bringing repairs in-house should further speed up response times, adds Atkin.

“It’s a cultural shift,” he says. “We’re making sure that every single colleague can spot the extent of damp and mould when they enter people’s homes. Our view is that it’s a ‘must do’.”

BCOP, a small housing association that owns or manages about 200 homes for over 55s in Birmingham, reviewed its damp and mould policy two years ago.

Fans costing as little as £150 are fitted in bathrooms and can reduce humidity by up to 35%, including adjacent rooms. While they run for about 10% of the day, the extra cost is minimal, says property services manager Dave Smith. “A lot of problems result from lack of ventilation,” he adds.

Effective communication

The association strives to communicate effectively with residents using a personal approach, with staff checking trickle vents are kept open on windows when they visit properties. “It’s important to keep reminding tenants of the actions they can take to ensure a comfortable living environment,” says chief executive Helen Gore.

In spite of the positive steps taken by many social landlords, others are falling short. A report in February by the Housing Ombudsman found some fail to carry out full inspections or undertake the work required, while communication and record-keeping can be poor.

Richard Blakeway flags up “communication vacuums” that lead to tenants waiting for months for work to be carried out. “One failing can have a domino effect in terms of other services,” he adds.

Westminster Council was ordered to pay £7,000 compensation after multiple surveys of a resident’s home contradicted each other and led to arguments with the resident over value for money, instead of the repairs being carried out.

The council, which was also criticised by the ombudsman in 2023 for leaving a four-month-old baby in a mouldy home, introduced a new damp and mould policy last September. In February, it was praised by the Regulator of Social Housing for health and safety compliance, including tackling the root cause of hazards.

Council leader Adam Hug, who’s housing spokesperson at the Local Government Association, welcomes the phased introduction of Awaab’s Law but says councils need sufficient funding to mitigate general pressures on housing so that health and safety measures are put in place quickly.

Occasionally, the Regulator of Social Housing criticises social landlords over damp and mould. A report on Newcastle Council, published in January, revealed how the council had referred itself to the regulator over a backlog of more than 1,000 cases.

“There’s been really positive progress in harmonising tests and in openness and transparency with tenants. More resources are going into it, along with more expertise and greater focus in the boardroom”
Richard Blakeway, Housing Ombudsman

The council says it reviewed working practices last year after winding up its arm’s length management organisation and is in the process of revising its repairs policy. It plans to visit all properties to inspect for damp and mould and talk to residents about other issues as part of a ‘Getting to know you’ initiative.

Ultimately, it remains to be seen exactly how Awaab’s Law is enforced and whether dissatisfied tenants seek redress through the courts or the ombudsman. Are legal firms likely to represent tenants on a ‘no win, no fee’ basis, or will landlords step up to the plate and avoid lengthy disputes?

Suzanne Muna of the Social Housing Action Campaign, a tenant group, says the Homes (Fitness for Human Habitation) Act, which came into force in 2019, shows the problems tenants face challenging a landlord in court. “It’s difficult to get legal aid and the landlord turns up with a solicitor. It’s not a level playing field,” she says.

As Awaab’s Law is extended to other hazards by 2027, any underlying discontent in the sector could grow stronger, while arguments over whether a resident is granting access to a property may become more heated.

All of which makes it crucial that the tragedy of Awaab Ishak quickly leads to more effective communication between social landlords and tenants, as well as lasting improvements to repairs services and better quality housing.

Enforcing Awaab’s Law

Awaab’s Law forms part of the Social Housing (Regulation) Act 2023 and will be phased in over two years. Any secondary legislation will need to be laid before parliament before this October.

Under the law:

• Social landlords will be required, from October 2025, to address damp and mould problems that present a “significant risk” of harm to tenants within fixed timescales (with the precise deadlines to be confirmed). They will also need to address all emergency repairs within 24 hours
• In 2026, the requirements will be extended to cover a wider range of hazards, likely to include excess cold and heat, falls, structural collapse, fire, electrical and explosions, and hygiene hazards
• From 2027, Awaab’s Law will extend to most of the remaining 29 hazards set out in the housing health and safety rating system, though not overcrowding.

It will be up to the courts, and possibly the Housing Ombudsman, to enforce Awaab’s Law. In addition, the Regulator of Social Housing says the law will provide “important context” for inspections and may affect how landlords fare when judged against its consumer standards.

This includes checking landlords hold “robust” data on the condition of tenants’ homes and have processes in place for investigating and remedying damp and mould, including strong oversight from boards and councillors.

Landlords that believe they are failing to meet the consumer standards in respect of Awaab’s Law should self-refer themselves to the regulator. “Where landlords fail to provide safe and decent homes for tenants, this will be reflected in our judgements, and we will push them to improve,” it says.

Awaab’s Law will also apply in Scotland, with amendments planned to a housing bill going through the Scottish Parliament. Once law, this will extend ministers’ powers to impose time frames on social landlords to investigate and start repairs.

The Welsh government is undertaking a consultation over changes to the Welsh Housing Quality Standard, with new rules covering how social landlords respond to damp and mould, and other hazards with serious health consequences.

Case study: Rotherham Council

Rotherham Council launched its policy on damp and mould about 18 months ago. It’s aimed not just at the town’s 20,000 council tenants, but also private renters and owner occupiers who may seek advice from the local authority.

James Clark, assistant director of housing, says the council is ready for Awaab’s Law and doesn’t see it affecting other repairs or maintenance. Its policy stresses that the council has a ‘zero tolerance’ policy over damp and mould and is committed to dealing with causes as well as symptoms.

A traffic light system flags up cases where the damp and mould is reported at the same property more than once, with specialists then called in. At the same time, staff and contractors are being told to display empathy and not jump to conclusions.

“Some causes may not be in the residents’ call,” says Clark. “The property might be poorly ventilated. A simple thing to do would be to turn on the heating, but a lot of our tenants don’t have the money to do that.”

Previously, staff and contractors were inclined to see damp and mould as a technical problem. Under the new policy, Rotherham takes issues such as overcrowding and fuel poverty into account, pointing to potential financial support.

After the Awaab Ishak case made national news in 2022, complaints about damp and mould soared. In February 2023, the council received 213 damp and mould referrals or calls. Twelve months later, the number rose to 430, before falling to 343 in February 2024.

About 30% of referrals were deemed medium or high risk and required a specialist damp proofing or mould removal contractor. “Tenants found their voice, which suggests many people had [previously] felt embarrassed or thought it wasn’t the responsibility of the landlord,” says Clark.

Now it’s not uncommon for referrals to be made by contractors, or social workers, while a local secondary school flags up the council’s damp and mould policy on its website. Staff are trained to share information and spot early warning signs.

The council set aside £3.2m to deal with damp and mould in 2025/26, and recently received £8.8m under the government’s warmer homes programme for upgrades to make all homes at least EPC rating C by 2030.

Rotherham is awaiting guidance from the MHCLG on precisely how the timescales for Awaab’s Law will operate. In particular, it wants clarity over what constitutes ‘high risk’, and how the council or contractors should gain access to homes where this is resisted by tenants. “The challenge will come further down the line as other hazards come into scope. That has to be carefully thought through,” adds Clark.