You might remember hearing in December 2020 of the death of a two-year old boy, Awaab Ishak. The death of a child is always heartbreaking; a reminder of a life lost, potential wasted and a family no doubt torn apart. What made Awaab’s death all the more shocking was that he died as a result of exposure to what the coroner described as ‘extensive’ mould throughout his parents social housing property, which it then came to light his parents had made their landlord aware of on multiple occasions though no remedial action was ever taken. Sadly, this culminated in the loss of a little boy’s life.
Awaab’s death and the idea that a child, in Britain and in the 21st century could die from exposure to mould rightfully horrified the nation.
In response to this tragedy, the Housing Secretary Michael Gove, has this month launched a consultation on what the government are calling ‘Awaab’s Law,’ which aims to introduce new reforms in social housing to prevent this injustice from reoccurring. Largely these focus on the introduction of new binding timescales under which landlords once becoming aware of a need for repairs (i.e. mould), need to investigate, start and subsequently complete repairs.
Following Awaab’s tragic death, the Awaab’s Law Campaign organized to force the government to bring in legislation around binding timeframes for the reporting and repairs of mould and damp. However, the consultation proposes to go further than this and invites views on providing these repairs under binding timescales for all 29 hazards under the Housing Health and Safety Rating System (HHSRS), for example, damp/mould, extreme temperature or pests to name a few.
In terms of timescale themselves, the government propose that ‘emergency repairs,’ that is, those that pose an imminent risk to health or safety, such as exposed wiring, loss of gas/water, or the presence of mould to the extent it affects a person’s ability to breathe, should be repaired within 24 hours of reporting. For any repairs that fall under the 29 hazards as set out in the HHSRS (a full list can be found via the link at the bottom of the article), the government propose that social landlords have a 14 day timeframe to launch an investigation and provide a summary of its findings including outlining interim next steps as well as a permanent solution. The landlord will have 7 days from providing that summary to launch the repair works and be expected to provide a schedule to the complainant, with consideration given to their needs, if for example they need to vacate the property.
This is a commendable aim; data by the English Housing Survey suggests that 4% of socially-rented homes have a ‘category 1’ hazard (the most serious hazards under the HHSRS). However, separate date from the Department for Levelling Up, Communities and Housing suggests that 3.6% of private-rented homes were estimated to have category 1 damp and mould hazards. It raises a question of why, if the incidence rates of these risks are broadly similar, does Awaab’s Law apply only to the social-rented sector and disregards the private rented sector?
Its worth noting however that this is not the only proposed exemption to Awaab’s Law. A recently published article by the Guardian highlighted that governments intention is for Awaab’s Law to apply to landlords who are registered providers of social housing and if the dwelling under the lease is classed as social housing – something asylum-seeker accommodation is not often classed as. Charities have criticized this heavily, arguing that it will in effect create a two-tier accommodation system of standards with asylum seekers then more likely to be put into properties that remain hazard to health (whether that be through mould, damp or vermin, for example) but without the binding timeframes of Awaab’s Law to force landlords to take corrective action.
What the government aim to do here is laudable – giving tenants a concrete timeframe on which they can expect their repairs to be done. Previously, the (1985) Landlord and Tenant Act has stipulated that repairs should be done in a reasonable and timely manner with the vague nature of that wording opening tenants up to lengthy and unnecessary delays owing to mixed interpretations of what is ‘reasonable.’ As part of Citizens Advice Gateshead, we know all too well the issues people can face in having their repairs completed in a timely manner. These reforms have the potential to be a landmark moment in tenants rights in regards to repairs and so it beggars belief that these are limited to apply to the socially-rented sector only.
What happened to Awaab Ishak was a tragedy and whilst we welcome any attempt to ensure that lessons are learnt, it would be a mistake to think that the problems associated with getting a landlord to take concerns seriously and action them accordingly are unique to the social-rented sector; we at Society Matters know this isn’t always the case.
If you would like to learn more about landlord’s responsibilities in social housing we recommend jumping on board our CPD accredited Housing and Homelessness Matter course.
The consultation runs for 8 weeks, closing at 11:59pm on March 5th 2024; if you’d like to give your views, you can do so, and find more information about Awaab’s Law, here https://www.gov.uk/government/consultations/awaabs-law-consultation-on-timescales-for-repairs-in-the-social-rented-sector