Awaab’s Law was introduced following the tragic death of two-year-old Awaab Ishak in 2020. His death was linked to prolonged exposure to damp and mould in his family’s social housing accommodation.

The legislation, introduced through the Social Housing (Regulation) Act 2023 and implemented through the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, establishes legally enforceable timescales within which social landlords must investigate and address certain housing hazards. After the introduction of Phase 1 in 2025, Phase 2 of Awaab’s Law is scheduled to come into force on 30 November 2026. This insight outlines what changes are required in Phase 2 and further considerations for providers of social accommodation.

Background: what did Phase 1 introduce?

Phase 1 came into force in October 2025. It requires registered providers of social housing and local authority landlords in England to respond to:

• damp and mould hazards presenting a significant risk of harm to occupants; and
• emergency hazards presenting an imminent and significant risk of harm across the prescribed hazard categories, other than overcrowding.

For significant damp and mould hazards, landlords are generally required to investigate within three working days and undertake relevant safety works within five working days of completing the investigation.

Supplementary preventative works must begin, or steps towards them must be taken, within the prescribed 12-week period, subject to the detailed statutory requirements.

Emergency hazards require investigation and relevant safety works as soon as reasonably practicable and, in any event, within 24 hours of the landlord becoming aware of them.

Phase 2: what is changing?

Phase 2 is scheduled to come into force on 30 November 2026. It will extend the statutory requirements for significant hazards beyond damp and mould.

The expanded regime will cover seven additional hazard categories:

• excess cold;
• excess heat;
• falls, including falls on stairs, between levels and on level surfaces;
• structural collapse and falling elements;
• fire and explosions;
• electrical hazards; and
• domestic hygiene, including personal hygiene and food safety.

For clarity, excess cold and excess heat are separate prescribed hazard categories.

In practice, landlords will need to apply the statutory investigation and remedial timescales to a much broader range of risks affecting tenants’ health and safety. For example, an unsafe staircase, a dangerous electrical installation or a serious heating failure may engage the requirements for significant hazards, depending on the circumstances and level of risk.

Phase 2 does not fundamentally replace the existing framework. Instead, it extends the framework’s application and introduces refinements informed by the Government’s Phase 1 consultation and operational learning.

Further refinements

Assessing significant and emergency hazards

Phase 2 clarifies how significant and emergency hazards should be assessed.

The revised definitions adopt a reasonable landlord assessment. This focuses on whether a landlord with the relevant knowledge would make a hazard safe within:

• 24 hours for an emergency hazard; or
• 15 working days for a significant hazard.

This should support greater consistency in how landlords identify and prioritise risks. The assessment remains fact-specific and includes consideration of occupants’ individual circumstances and vulnerabilities.

Interaction with existing fire safety legislation

Phase 2 also addresses the interaction with existing fire safety legislation.

Certain fire risks already governed by other fire safety legislation, particularly those relating to communal areas, will continue to be managed under those regimes. This avoids duplicating requirements under Awaab’s Law, but does not remove landlords’ existing fire safety obligations.

Strengthened implementation guidance

The Government has also strengthened its implementation guidance. This includes further clarification of:

• access arrangements;
• tenant communications;
• written investigation summaries; and
• the triaging of hazards.

Separate guidance has also been published to help landlords distinguish significant hazards from emergency hazards.

These refinements reflect the Government’s stated “test and learn” approach, informed by experience following the introduction of Phase 1.

What does Phase 2 mean for registered providers and local authorities?

For registered providers and local authorities acting as social landlords, Phase 2 will have important operational, contractual and compliance implications.

Repairs and maintenance arrangements

Landlords should review their existing repairs and maintenance contracts. This includes measured term contracts, responsive repair arrangements and specialist maintenance agreements.

The review should consider whether contractual response times and reporting obligations support compliance with Awaab’s Law.

Particular attention should be given to arrangements for:

• emergency call-outs;
• inspections;
• contractor availability;
• escalation procedures; and
• completing remedial works.

Contractual service levels that are inconsistent with statutory obligations may expose landlords to compliance risks.

Contractor management and accountability

Although landlords may appoint contractors to investigate and remedy hazards, landlords remain responsible for meeting their statutory obligations.

Landlords should therefore consider appropriate contractual mechanisms to ensure that contractors:

• report hazards promptly;
• provide evidence of completed works; and
• identify circumstances in which statutory deadlines may be at risk.

Importantly, the Government’s guidance recognises that a contractor acting as the landlord’s agent may become aware of a hazard. Depending on the circumstances, this may constitute awareness by the landlord itself.

Effective communication and reporting arrangements are therefore particularly important.

Asset management and resident safety

The wider categories of hazards will require closer coordination between housing management, asset management, compliance and repairs teams.

Landlords should ensure that their systems support:

• early identification of hazards;
• appropriate risk assessments; and
• clear records of investigations and remedial action.

Legal and regulatory exposure

Awaab’s Law operates through terms implied into relevant social housing tenancy agreements under section 10A of the Landlord and Tenant Act 1985. Non-compliance may expose landlords to contractual claims brought by tenants, as well as complaints and regulatory scrutiny. The legislation provides a defence where landlords can demonstrate that they have used all reasonable endeavours to comply. Accurate record-keeping and evidence of the steps taken will therefore be particularly important.

Landlords should also distinguish between properties covered by Awaab’s Law and other tenures. The current social rented sector regime does not generally apply to shared ownership properties or other long leasehold accommodation, although separate repairing and safety obligations may still arise.

How Capsticks can help

Capsticks’ specialist Housing lawyers can support social housing providers with drafting and reviewing internal policies through our Governance Support Service, dealing with issues of non-compliance and regulatory intervention, as well as providing broader support across the social housing sector.

If you have any queries around what's discussed in this insight or the impact of Phase 2 on your organisation, please speak to Partner Spencer Vella Sultana or Senior Associate Wilton Thomas to find out more about how Capsticks can help.