Fire safety is no longer a "best endeavours" obligation; it is a strict liability minefield. With the 2026 expansion of Awaab’s Law to fire hazards and the April 2026 Evacuation Plan Regulations looming, landlords are under unprecedented pressure to act. But what happens when the biggest obstacle to safety is the resident themselves? When "please let us in" fails, a mandatory injunction is the only tool sharp enough to cut through the deadlock and protect your organisation from criminal liability.

The 2026 Legal Landscape

The Building Safety Act 2022 and the Fire Safety (England) Regulations 2022 have created a "sandwich" of responsibility. On one side, the Building Safety Regulator demands proof of safety; on the other, residents may refuse entry for fire door checks or cladding remediation.

Under the latest updates to Awaab’s Law, once a social landlord identifies an "emergency hazard"—which includes blocked fire escapes or faulty detection—they must investigate and begin repairs within 24 hours. Waiting weeks for a standard court date is no longer viable.

Key Legal Requirements for an Injunction

To secure a mandatory injunction, the court requires a high burden of proof. Landlords must demonstrate:

• The "Emergency" Evidence: An up-to-date Fire Risk Assessment (FRA) or expert report identifying an imminent risk to life. Under Awaab’s Law, this evidence must justify why the 24-hour remediation window has been triggered.
• Proof of Exhausted Remedies: A clear audit trail of "Reasonable Attempts" to gain access. This includes at least two written notices and documented attempts to engage with the resident's specific vulnerabilities.
• The Proportionality Test: You must prove that the safety of the wider building outweighs the individual’s right to "quiet enjoyment." In 2026, courts increasingly view communal fire safety as a superior right to individual privacy.
• PEEPs Compliance: For buildings over 11m, you must show that access is required to fulfil your legal duty to create Personal Emergency Evacuation Plans (PEEPs) before the April 2026 enforcement deadline.

Compliance in 2026 is a race against time. The key takeaway is that "trying to get access" is no longer a valid legal defence. If a hazard exists and access is denied, an injunction isn't just an option—it’s a necessity to discharge your duty of care and avoid regulatory fines or prosecution.

The grace period for fire safety remediation has officially ended. We evaluate the 2026 regulatory shift as a double-edged sword for our clients: while the administrative and operational burden is significantly higher, the legal protection provided by injunctions is more robust than ever.

The introduction of the Principal Accountable Person role means there is now a "single point of failure" for building safety. However, the courts have become more sophisticated in their understanding of these risks. We view the move toward "Lifetime of Tenancy" access orders as a major positive for long-term estate management, essentially shifting the liability of resident non-cooperation from the landlord to the court’s enforcement powers.

Our strategy focuses on "pre-emptive evidence," ensuring your FRAs are injunction-ready from day one so that the legal paperwork can be filed the moment an access refusal occurs.

How Capsticks can help

Capsticks provides a "Rapid Response" service for fire safety injunctions. We help clients turn the "negative" burden of 2026 regulations into a "positive" risk-mitigation strategy by specialising in:

• Urgent Awaab’s Law Injunctions: Securing orders within the mandatory 24-hour investigation windows.
• PEEPs Audit & Enforcement: Managing the legal aspects of Personal Emergency Evacuation Plans for vulnerable residents.
•  Strategic Training: Upskilling your teams on documenting "Reasonable Attempts" to satisfy court proportionality tests.

If you have any queries around what’s discussed in this article, please speak to Neda Badri or anyone in our Housing Management team to find out more.