Awaab's Law repair deadlines extended to private rented sector
Awaab's Law repair deadlines extended to private rented sector

Letting and managing agents in England are set to face new legally enforceable repair deadlines as the government moves ahead with extending Awaab's Law to the private rented sector (PRS). A consultation launched today will seek views on how the rules should operate in the PRS and when they should take effect.

Awaab's Law was introduced following the death of two-year-old Awaab Ishak in 2020. He died after prolonged exposure to severe damp and mould in his socially rented home. The legislation requires social landlords to investigate and tackle serious housing hazards within prescribed timescales.

Consultation on PRS application

Under the Renters' Rights Act, similar protections will extend to privately rented homes in England. The consultation will seek views from landlords, tenants, charities and housing professionals. Its outcome will therefore have significant implications for letting and managing agents responsible for repairs and maintenance.

Private landlords already have responsibilities under the Housing Health and Safety Rating System (HHSRS). Local authorities can take enforcement action where serious hazards exist. These can include damp and mould, excess cold, fire risks and trip or fall hazards.

What could the rules mean for agents?

Awaab's Law will add prescribed deadlines for responding to qualifying hazards. The exact framework for the PRS has yet to be determined. That is the focus of the new consultation. However, the rules already operating in the social rented sector give agents an indication of the type of regime under consideration.

For immediately dangerous problems, social landlords must investigate and make the property safe within 24 hours. For other serious hazards, they must investigate within 10 working days. Tenants must then receive a written summary within three working days. Urgent safety work must take place within five working days of the investigation. Longer-term repairs must start within 12 weeks.

Landlords warn over access to tradespeople

The National Residential Landlords Association (NRLA) supports extending Awaab's Law but wants the government to recognise differences between the two rental sectors. It argues that many private landlords do not have the in-house maintenance teams available to larger social housing providers.

The organisation also wants the regulations to recognise the practical difficulty of securing qualified tradespeople at short notice. It says landlords may sometimes need to carry out an emergency temporary repair before arranging a permanent solution. The NRLA will also call for the rules to account for situations where landlords and agents depend on third parties, including contractors, to inspect problems and provide reports.

'More regulation alone will not achieve that'

NRLA chief executive Ben Beadle said the death of Awaab Ishak was an “unimaginable tragedy that should never have happened”.

“The law in his name must ensure that no landlord, regardless of sector or size, can expect to get away with letting sub-standard, dangerous housing,” he said.

Beadle welcomed the consultation's recognition of differences between the private and social rented sectors. However, he argued that enforcement would ultimately determine whether the reforms improve housing standards.

“For too long bad actors across the rental sectors have been able to ignore standards and regulations already in place because the chance of being held to account is too remote to cause concern,” he said.

He added: “All good landlords are united in the desire to root out those rogue and criminal operators who put tenants at risk and undermine the reputation of the compliant majority. More regulation alone will not achieve that.”