Following the death of two-year-old Awaab Ishak, the government has supported calls for “Awaab’s Law” and has today (9 January 2024) opened the consultation period for the legislation.

Awaab died following prolonged exposure to mould and damp within his home, and his inquest revealed a number of failings; both in relation to Rochdale Boroughwide Housing, but also social housing more generally. Rochdale Boroughwide Housing acknowledged the inadequacy of its approach, admitting that it should have taken responsibility for the mould issues and executed a more proactive response, including undertaking remedial works.

The proposals under Awaab’s Law include:

  1. If a social landlord is made aware of a potential hazard in a social home, they must investigate within 14 calendar days.

  2. The social landlord must provide a written summary of the investigation findings to the resident that includes details of any hazard identified and (if applicable) next steps, including a timeline for repair and a schedule of works.

  3. If the investigation finds a significant risk to the health or safety of the resident, the social landlord must begin repair works within 7 calendar days of the written summary being issued.

  4. The social landlord must satisfactorily complete repair works within a reasonable time period. The resident should be informed of this time period and their needs should be considered.

  5. The social landlord must action emergency repairs as soon as practicable and, in any event, within 24 hours.

  6. If the property cannot be made safe within the specified timescales for Awaab’s Law, then the social landlord must offer to arrange for the tenant(s) to stay in suitable alternative accommodation until it is safe to return.

  7. The social landlord will be expected to keep clear records of all attempts to comply with the proposals.

You can see the full consultation document and how to respond here.

Statement from Awaab Ishak’s family:

“We hope that Awaab’s Law will stop any other family going through the pain that we went through. Landlords need to listen to the concerns of tenants and we support these proposals.”

Statement from the Legal Team, Kelly Darlington, Partner at Farleys Solicitors, and Christian Weaver of Garden Court North Chambers:

“We are pleased to announce that the government has initiated the consultation process for Awaab’s Law. Effective participation is paramount in shaping the robustness and efficacy of this legislation.

We strongly urge all relevant stakeholders to participate during this consultation, including tenants who are able to put forward their perspectives on these important issues.

Awaab’s Law holds the potential to address tenant concerns by ensuring their voices are not only heard but also acted upon. Through this process, the system can be refined to offer tenants enhanced protection and transparency.

We welcome these proposals which would bring in strict timelines that social landlords would have to comply with when a serious risk to the health and safety of tenants living in their properties is reported to them.”