Guidance on complaints involving hazards
This guidance should be read alongside the government’s Awaab’s Law guidance for social landlords – timeframes for repairs in the social rented sector.
Introduction
The purpose of this guidance is to explain how we will investigate complaints involving hazards including Awaab’s Law at Dispute Resolution.
The aim is to ensure consistent decision making and determinations on complaints involving hazards.
This guidance should be read alongside the government's Awaab’s Law guidance for social landlords - timeframes for repairs in the social rented sector
Read more about Awaab’s Law on GOV.UK
Context
Landlords are under various duties in respect of hazards.
Our role is to decide if a landlord has complied with relevant legal obligations, its policies and procedures, or whether it delayed unreasonably. This includes implied duties of fitness for human habitation, to ensure properties are free from category 1 hazards and generally ensure they are not prejudicial to health.
The Social Housing (Regulation) Act 2023 introduced section 10A into the Landlord and Tenant Act 1985 (Awaab’s Law).
From 27 October 2025, social landlords will be required to comply with prescribed requirements in respect of damp and mould and other hazards. These are set out in the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.
These hazards apply to all tenures, but Awaab’s Law only to those who rent.
When this guidance applies
This guidance will apply when we have evidence of a potential hazard in the property or where Awaab’s Law applies. It does not apply in any other circumstances.
Hazards generally (Part A)
What are hazards?
Section 2(1) of the Housing Act 2004 gives a statutory definition of a hazard. The Housing Health and Safety Rating System (HHSRS) Regulations set out 29 hazards as 'matters and circumstances'.These are listed in Regulation 3 and Schedule 1 of the Housing Health and Safety Rating System (England) Regulations 2005.
If there is no hazard within the meaning of the HHSRS, then this guidance will not apply.
We do not conduct HHSRS assessments. However, we may refer to assessments made by local councils.
Read more about the Housing Health and Safety Rating System (HHSRS) on GOV.UK
How we investigate
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Hazard obligations
While the Housing Act 2004 provides a working definition of a hazard, and the HHSRS Regulations provide the 29 hazards. These provisions are not directly applicable to landlords.
The provisions create duties on local authorities to enforce housing standards where a category 1 hazard exists and discretion to enforce where a category 2 hazard exists.
We cannot:
- investigate councils in so far as they are considering enforcement action under paragraph 41.d of the Scheme
- decide there is a category 1 or 2 hazard without evidence of this from an expert in that area
We may decide the landlord did not reasonably investigate a potential hazard and landlords should satisfy themselves there is no hazard, regardless of whether the local authority is involved.
Awaab’s Law does not require the hazard to be identified as category 1 or 2.
There is an indirect obligation on landlords to ensure their properties are free from category 1 hazards and the 29 hazards generally.
There are also obligations under the Decent Homes Standard that landlords should ensure their properties are free from hazards. The Regulator of Social Housing's code of practice for consumer standards also sets out requirements.
General approach to hazards (non-Awaab’s Law cases)
Where the landlord is on notice that there could be a hazard in the property. The landlord should take the following steps or have good reasons why it cannot or did not:
- inspect the property within a reasonable time by a suitably qualified person
- assess whether there is a hazard and whether the property is fit for human habitation under section 9A of the Landlord and Tenant Act 1985
- evidence its findings in writing
- evidence its response to the recommended remedial action, including why it decided not to undertake any recommended works
- record its consideration and action taken concerning alternative accommodation where required
- evidence completion of any required works, when these were completed and any post inspection records
- update and communicate appropriately with the resident
- provide appropriate redress to the resident where detriment has been caused
- create and keep clear records – read our Spotlight report on Knowledge and Information Management (KIM)
What to inspect and by who
Where a potential hazard is present, it would be fair and reasonable to expect the person inspecting:
- is suitably qualified
- has knowledge of hazards and classes of harm
- can comment on whether a hazard is present and whether the property is fit for human habitation
- they should also say what repairs are needed and whether a temporary move is required to complete the repairs
- assess the area of the property complained about or reported and any related areas
Section 1(4) and (5) of the Housing Act 2004 sets out what parts of residential premises can contain a hazard. This includes inside the premises (the flat or house itself), and any communal parts of the building including ‘common facilities’ provided for residents.
Information that should be in a report
Where the landlord is aware of a potential hazard and has conducted an inspection. A good report is likely to include the following information:
- the date of the site inspection and name of the person who completed it
- photographs of the inspected areas (with the resident’s consent)
- whether the issue is a repair issue or other issue and required works
- if the issue is not a repair issue, the cause of any potential hazards
- whether any of the 29 hazards are present
- whether the property is fit for habitation or if suitable temporary accommodation is required as an emergency
- actions that can be taken to mitigate the hazard while works are outstanding
- a scope of repairs (where possible) – a follow up inspection may be required
- if the work is so extensive that suitable temporary accommodation or permanent rehousing should be considered – if known at this stage
Keeping residents updated
Keeping residents informed about what is happening in their homes is important. We are likely to find maladministration where communication with a resident has been poor leading to frustration and upset.
Landlords should consider our four Ts of good communication:
- timely
- transparent
- tailored
- tone
Good examples of communication unlikely to result in a maladministration finding are:
- regular and timely updates
- being clear on the next the steps and the likely timescales of completion
- being clear on plans of action and what that means
- answering queries within reasonable timescales
- in some cases, having a named contact for the resident
Commencing the works
It is important to understand some works may be repairs that the landlord is responsible for under the occupancy agreement, while others may not be.
Where there are repairs, we will consider if the landlord complied with the timescales in its repairs policy.
Works that are not repairs, such as improvements, removing or preventing hazards, or new installations (like new fan systems) should be completed within a reasonable time. We may still consider the timescales in the repairs policy are appropriate, depending on the risk to the resident.
Awaab’s Law (Part B)
Awaab’s Law introduces obligations into social housing tenancy agreements that landlords must comply with.
The Prescribed Requirement Regulations require landlords to take specific steps within specified timescales depending on whether there is either an emergency hazard or a significant hazard (or both).
Awaab’s Law is being introduced in a phased approach for significant hazards, starting with damp and mould.
When does Awaab's Law apply?
The prescribed requirements in Awaab’s Law will only apply where the:
- tenancy condition is met
- location condition is met
- notice condition is satisfied
- hazard was not caused by the resident
Tenancy condition
There are 3 criteria that must be established for this to be satisfied:
- Tenancy: Awaab’s Law only applies to tenancies by implying terms into them. It does not apply to licences, leases or shared ownership leases.
- Social housing: The tenancy (not licence or lease) must be for ‘social rented housing’, where the rent is below market value and property is made available for those who cannot access the commercial housing market (owning a home or the private rented sector).
- Registered provider: The landlord under the social housing tenancy must be a Registered Provider of Social Housing.
Location condition
The hazard must arise from a deficiency in one or more of the following locations:
- inside the resident’s home; or
- inside any building or part of a building within the vicinity of the resident’s home and for which the landlord is responsible (this is likely to include common parts, or neighbouring properties); or
- inside or on any land in the vicinity of the resident’s home for which the landlord is responsible, this would include gardens or entrances
Paragraph 2.3 of the government’s guidance states a hazard in a part of a building the landlord is not responsible for would not come under Awaab’s Law.
The Regulations do not say ‘own’, just responsible for. This could include where the landlord is a leaseholder but is responsible for the building or area under that lease.
Notice condition
The landlord must have knowledge or notice of a potential hazard likely to be an emergency hazard or significant hazard, for Awaab’s Law to apply.
A report, notice or knowledge – ‘day zero’
The Prescribed Requirement Regulations describe this as when the landlord becomes aware of an ‘issue of concern’ that is or could be an ‘emergency hazard’ or a ‘significant hazard’.
There are multiple routes by which a landlord could be notified, not just a report from the resident. A landlord must promptly and diligently consider the report or information based on the correct criteria for an emergency or significant hazard. This is because initial obligations for emergency hazards must be completed within 24 hours.
The report, notice or knowledge does not need to come directly from the resident. It can come from:
- the landlord’s own knowledge of the property following inspections by its staff including housing officers or managers, and by its contractors
- reports from others – such as an attorney (under a power of attorney), social worker, carers, advocates or another representative
- family, friends or neighbours
- referrals from other agencies – such as the Housing Ombudsman Service
We will consider what the landlord knew or ought to have known when the hazard was reported or when they became aware of a potential hazard. Landlords must use reasonable skill and judgement when assessing potential hazards.
Landlords must consider the situation promptly, as different timeframes apply for the prescribed requirements based on whether it is an emergency or significant hazard.
If these conditions are not met, Awaab’s Law will not apply.
How we investigate
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Day zero
Day zero is the working day on which landlord receives notice of a potential Awaab’s Law hazard. It is not necessarily the day the report is made. The clock starts from the next working day after receipt.
When we investigate, we will look for:
- evidence of when a report of a potential hazard was made and the working day on which the landlord received it
- whether the landlord correctly recorded the notice and acted upon it
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whether there is evidence of an earlier report or if the landlord ought to have known about the hazard earlier than the date it said it received notice
Note: Day zero only applies to significant hazards and not emergency hazards. Emergency hazards must be inspected within 24 hours. For example, if the landlord receives notice at 2am of an emergency, they will have 24 hours to complete the investigation. This means it must be completed by 2am the following day.
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Reports made to landlord via a complaint
If the resident makes a complaint to the landlord, this may also be a report of a hazard, or of a material change, for the purposes of Awaab’s Law.
- landlords must comply with the timeframes set out within the Prescribed Requirements Regulations
- they must also respond to the complaint in line with their complaints policy, and in compliance with the Housing Ombudsman’s Complaint Handling Code
- both Awaab’s Law and complaints policy timeframes may run concurrently
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Assessing a report
If there is an emergency or significant hazard then, subject to the other criteria being satisfied, it triggers the landlord’s obligation to comply with the prescribed requirements. The landlord must assess the information promptly as the initial obligations for emergency hazards must be completed within 24 hours or a different timeframe for significant hazards.
We may need to consider if the landlord unreasonably delayed its assessment of the report or information it received.
We may also need to consider if the landlord’s assessment of the circumstances on whether there is (or likely to be) an emergency or significant hazard was obviously wrong or flawed based on:
- the information in the report or notice about the hazard
- its application of the criteria for an emergency hazard
- the knowledge it had or ought to have had about the health and circumstances of the resident
This means we may find the landlord did not categorise the report appropriately, either by not applying Awaab’s Law or the criteria for an emergency.
Landlords are required to create and maintain adequate records, and we will need to rely on documentary evidence to show what the landlord did. There is likely to only be a record keeping failure here where:
- we have seen some documentary evidence that the landlord had “reasonable grounds to believe there was an emergency hazard”
- there is no information or record on whether the landlord assessed this and if it did what its findings were
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Evidence
We are likely to need evidence of:
- any specific reports of the matter that is subject to the complaint
- the repairs records to understand when the landlord became aware of a potential hazard
- what the landlord knew about the property and resident at that time
Our role is to investigate what the landlord knew or ought to have known based on the evidence (paragraph 44 of the Scheme).
Our investigation would be limited to when the landlord became aware of the potential hazard. We would consider whether the landlord used the right criteria and reached reasonable conclusions based on what it knew at the time.
The timing of the notice or knowledge of a potential hazard
For Awaab’s Law to apply the landlord must have received the report, notice or have knowledge of the potential hazard on or from the date Awaab’s Law come into force (27 October 2025).
If the notice was before this date, then Awaab’s Law may not apply unless:
- the landlord was already aware of a potential hazard before 27 October 2025
- on or after 27 October 2025 the landlord became aware of a material change to the potential hazard, and is then on notice it could be an emergency or significant hazard
A material change could be to the issue itself, or its effect on the resident has become more severe.
How we investigate
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Transitional period
If the report is after 27 October 2025, that will be relatively straightforward.
Difficulties are likely to arise where the landlord had information before 27 October 2025 that changes and puts the landlord on notice of an emergency or significant hazard on or after that date.
Types of evidence we will need to see are:
- call notes, emails or online logs, inspections on or after 27 October 2025 to determine if the landlord will have been on notice at the relevant time
- for reports prior to 27 October 2025, information of some change in circumstances, for example the resident contacting the landlord on or after 27 October 2025 and giving it new notice of a potential hazard, or that something has got worse in the property or that the households circumstances have changed
We will need to see clear evidence of the landlord recording, assessing and responding to reports of material change.
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Material change of circumstance
If the resident reports a material change to the hazard, or the landlord becomes aware of a material change, it must investigate again to the same timeframes. That means the timescales start again when a material change is reported. Government guidance explains a material change could include a change to the severity of the hazard or a change to the effect it is having on the resident’s health.
The hazard must not result from the resident’s breach of tenancy
Residents are under implied duties to act in a tenant-like manner. That is ensuring they do odd jobs around the property, such as unblocking sinks and preventing freezing of the pipes. Where the hazard arises because of a tenant’s breach of the tenancy, Awaab’s Law will not apply.
This is likely to include:
- the tenant or the tenant’s guests deliberately causing damage
- making internal changes without the landlord’s consent and which do not meet standards
Even where the resident caused the damage and Awaab’s Law does not apply, the landlord may still have to make sure the hazard is made good and may decide to recharge the resident under the tenancy agreement and whether there is a category 1 or 2 hazard. That would be for a council to take enforcement action under the Housing Act 2004 using the HHSRS.
What does Awaab’s Law apply to?
Awaab’s Law only applies to an ‘emergency hazard’ or a ‘significant hazard’.
Definitions
Emergency hazard
An emergency hazard is where:
- one of the HHSRS hazards (except for space and crowding) are present
- there is an ‘imminent and significant risk of harm’ (to any resident’s health or safety)
- a reasonable landlord with the 'relevant knowledge' would take steps to make safe within 24 hours
Significant hazard
There are 2 parts to this:
- There is damp, mould or fungal growth of the HHSRS present. Under phase one, significant hazards will only apply to damp and mould
- Risk to the resident: The damp, mould or fungal growth must present a significant risk of harm to the health or safety of an individual resident that a reasonable landlord with the relevant knowledge would take steps to make safe as a matter of urgency (but not within 24 hours)
Relevant knowledge
This means knowledge that the landlord has (or should have) about the health and circumstances of the resident at the time.
We must consider what the landlord knows about the property and the resident and what it ought to know based on the information it at the time.
This must be based on evidence of:
- the report made about the hazard or defect
- the information it held about the resident (since the start of the tenancy)
- information given about the resident or household at the time of the report
We need a reasonable basis to conclude on what the landlord ought to have known and that should be based on documentary evidence.
This applies to both significant and emergency hazards.
If the hazard arises from cladding works, Awaab’s Law may require a landlord to inspect – but not complete the cladding works.
How we investigate
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Evidence required
Landlords should know and understand these criteria and that knowledge will be apparent when it comes to considering if the landlord became aware of an issue of concern (a potential hazard).
We will want to see documentary evidence of:
- what information and data it had about the resident and the resident’s household
- what information it had or knew about the condition of the property at the time it became aware of the potential hazard.
Emergency hazard: Imminent and significant risk of harm and the reasonable landlord test
The regulations do not define ‘imminent and significant risk of harm’. However, imminent is likely to mean very soon.
Significant risk of harm is likely to mean risk of death, injury or illness. It is not for us to decide whether there was an imminent and significant risk of harm, but to consider the landlord’s decision making around this.
We will determine whether the landlord properly considered these tests, and whether its response was reasonable, based on the evidence by asking:
- what did the landlord know at the time about the nature of any relevant HHSRS hazard and the risk of harm?
- what did the landlord know, or ought to have known, about the household’s circumstances including vulnerabilities which could make a hazard a greater risk of causing harm, or that risk imminent?
- did the landlord consider the risk of harm to be imminent? (If the harm could happen within 24-hours, then it is likely to meet the test of ‘imminence’.)
- taking all the above into account, would the reasonable social landlord want to make safe the property within 24 hours?
Paragraph 3.3 of the government guidance states some examples of hazards which could require emergency action including, but not limited to:
- gas leaks
- broken boilers
- total loss of water supply
- electrical hazards such as exposed wiring
- significant leaks
- broken external doors or windows that present a risk to home security
- prevalent damp and/or mould that is having a material impact on a tenant’s health, for example their ability to breathe
- significant structural defects or disrepair
We will assess if the landlord reasonably considered these issues based on the information it had at the time.
Significant hazard: Significant risk of harm to health or safety and the reasonable landlord test
Significant risk of harm is likely to have the same meaning and considerations for a significant hazard as for an emergency hazard. However, would a reasonable landlord require an urgent response, but not within 24 hours?
How we investigate
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Interpreting significant harm
Landlords should outline their interpretation of ‘significant hazard’ and ‘significant harm’, and any criteria they apply to support the assessment. We will want to see this information to decide whether the landlord’s handling was reasonable in the circumstances.
What Awaab’s Law covers?
Once we are satisfied that Awaab’s Law applies, we will go on to investigate whether the landlord complied with the prescribed requirements so far as it reasonably could – considering all the circumstances of the complaint.
The prescribed requirements differ depending on whether there is an emergency or significant hazard.
How we investigate
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Landlord’s use of contractors
Landlords may use in-house or external contractors to complete investigations and required works. The timeframes within the Prescribed Requirements Regulations still apply if the landlord uses an external contractor.
- landlords should have systems and processes in place to ensure contractors abide by the set timeframes. This may include outside of normal working hours. Contractor delay is not a valid reason for a landlord not to have complied with the Prescribed Requirements Regulations and may lead to a finding of maladministration
- landlords may also have imputed knowledge of a hazard if their contractors are aware of them, for example after completing an inspection or repair.
The prescribed requirements for emergency hazards
Prescribed requirement 1(a): Emergency investigation
The obligation |
| Where the landlord becomes aware of a likely hazard and has reasonable grounds to believe there is an emergency hazard. It must complete an emergency investigation by a competent investigator.
The investigation:
decide if further investigation is needed |
Timescale |
As soon as reasonably practicable and in any event within 24 hours from the date the landlord has grounds to believe there could be an emergency hazard, unless:
later investigation determines there was no emergency or significant hazard present |
Prescribed requirement 1(b): Further investigation
The obligation |
Where a landlord’s investigations are unable to determine the full extent of the hazard or the works that may be needed, it must complete a further investigation.
|
Timescale |
| As soon as reasonably practicable.
We would expect the landlord to complete any further inspections promptly and within a reasonable time, normally within days given the matter could be an emergency hazard. We would expect to see documentary evidence the landlord acted promptly in trying to arrange the repair. |
Prescribed requirement 1(c): Renewed investigation
The obligation |
The landlord must complete a renewed investigation by a competent investigator.
|
Timescale |
| Within 10 working days of the date the resident made the request.
The date of the request is day zero. Unless:
If either of the above apply the landlord does not need to re-inspect |
How we investigate
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Landlord investigations
We will look at how the landlord investigated the matter, including:
- was the type of emergency inspection appropriate based on the report and the information the landlord had? We must see evidence of why the landlord arrived at the conclusions it did.
- whether the emergency, further, or renewed investigations were in line with the timescales. If it was not, why could the landlord not complete the investigations in time? What was the impact on the resident? We must be satisfied the failure had some material impact on the resident overall to find maladministration.
- what records the landlord kept of any inspections and whether it considered all the key information.
- whether the landlord appointed a competent investigator to complete the investigations. This is a decision open to the landlord to make. In some cases, multi-trade operatives may be appropriate, in other cases a surveyor or specific expert might be required. Our role will be to consider if the landlord made an appropriate decision on who to conduct the inspection based on the information available to it at the time.
- whether the landlord arrived at conclusions open to it based on the advice given by the competent investigator.
Evidence of the landlord’s decision making and outcomes of investigations will be key to determining these points. There may be a record keeping failure where the landlord failed to create and maintain adequate records of the above information.
Where a landlord relies on an exception, we must see evidence the exception applied, including what evidence it relied on to arrive at this conclusion.
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Discontinuing Awaab’s Law
Landlords have the option to discontinue applying Awaab’s Law, if the investigation suggests there is no significant hazard present.
It is the landlord’s choice whether to stop applying Awaab’s Law. Where a landlord does and the resident complains. We will consider how that decision was made, how it was communicated, and whether there was a material change.
If there is still an issue but it is not considered significant, the landlord may still be required to take remedial action.
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Timescale to complete works
Where Awaab’s Law does not provide a specified timescale, we will expect works to be completed promptly in line with a landlord’s policies and procedures.
It is standard industry practice that non-urgent repairs will be completed by the landlord within 28 days.
It is not envisaged that landlords should be able to attribute works to a longer works programme such as capital works under Awaab’s Law.
Where no timescale is listed to complete the works, we will assess how long a repair took and whether that was reasonable and in line with the landlord’s policies and procedures.
We consider 28 days will normally be a reasonable timeframe for significant hazard works.
If the landlord provides an excessive timeframe, or there are delays, we will look at the reasons for this.
It is up to the landlord to demonstrate to us why delays were outside its control, together with documentary evidence, and we will assess whether that was reasonable.
Where we see complaints about the level or standard of the work completed, but there is no longer a hazard, our standard approach to repairs will apply to workmanship issues.
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Access
Residents are usually obliged to give their landlords access to complete any works.
The government’s guidance sets out in paragraph 4.2 the reasonable steps landlords should take to gain access to the property.
We would not expect to see the landlord closing jobs if they are unable to gain access, and in most circumstances the landlord should be proactively trying to gain access to address the hazard.
Landlords should consider and refer to reasons for non-access. Please see our - Spotlight report on repairs and maintenance - repairing trust.
Prescribed requirement 2: Make safe works (emergency action)
The obligation |
| To complete make safe works, which are necessary to make the property safe. This does not include cladding works. |
Timescale |
| Within 24 hours from the date the landlord had reasonable grounds to believe there was an emergency hazard.
Or within 24 hours from the date that any further or renewed investigation confirms works are required, unless:
|
Prescribed requirement 3: Provide a written summary
The obligation |
The landlord must provide a written summary of its investigation, which includes:
|
Timescale |
| Within 3 working days of the specific investigation concluding, unless the landlord has completed the required works before the summary is due.
The written summary can be provided by:
We would expect the landlord to address any key areas or concerns raised by the resident in their written summary. Residents need to be able to identify the written summary, and it needs to be made accessible to us. |
Prescribed requirement 4: Preventative works
The obligation |
| The landlord must complete any work to ensure the hazard does not reoccur. |
Timescale |
| Within 5 working days from the day after an inspection that concludes there are non-urgent preventative works to be completed. |
Prescribed requirement 5: Further works
The obligation |
| When all safety work has been completed but an investigation has identified supplementary preventive work to ensure the hazard does not reoccur, the landlord must complete that ‘preventative work’. |
Timescale |
| This work must begin within 5 working days of the investigation that identified the relevant supplementary preventative work.
Where it is not reasonably practicable to comply within the 5 working day deadline, then the work must be completed as soon as reasonably practicable but before 12 weeks from the day after the day when the investigation concluded there was an emergency or significant hazard. Just because the landlord has 12 weeks, it does not mean we will consider it reasonable for a landlord to use the whole timescale where that is not appropriate. |
Prescribed requirement 6: Updates
Obligation 1 |
The landlord must take reasonable steps to keep the resident informed about the timing and progress of the work until:
|
Timescale |
Ongoing, the landlord should ensure updates are:
|
Obligation 2 |
The landlord must inform the resident where no further action is required under the Prescribed Requirement Regulations including:
The landlord must set out how the resident can contact it. |
Timescale |
| Non-specified – however we are likely to require this is completed within a reasonable time. |
Obligation 3 |
| The landlord must inform the resident when the work is completed. |
Timescale |
| Non-specified – however we are likely to require this is completed within a reasonable time |
How we investigate
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Communication
Communication with residents is key. While the Prescribed Requirement Regulations set out when the landlord must correspond with the resident, including providing a written summary in some circumstances. We are entitled to expect this to be a minimum based on good customer service practice. This is to ensure there is no breakdown of the enduring landlord and tenant relationship.
We would expect the landlord’s communication to meet 4 tests: timely, transparent, tailored and appropriate in tone. This is also applicable to the written summary (see above)
Our decisions will be reasonable and proportionate and clear on why the individual circumstances of the case required a better or higher standard of communication. For example, this could be where there are language barriers, or the resident is vulnerable.
We would expect key decisions to be communicated to residents in a timely way, such as:
- explaining Awaab’s Law does not apply
- that suitable emergency accommodation is not required
- extending suitable alternative accommodation
- updates on when works will be completed
- discontinuing Awaab’s Law
The landlord must also ensure it complies with its Equality Act 2010 obligations when communicating.
Prescribed requirement 7: Accommodation
The obligation |
| If the landlord cannot complete repairs to make the property safe within 24 hours (for emergency hazards) or 5 working days (for significant hazards). They must secure ‘suitable alternative accommodation’ for the resident (and their household). Unless the resident refuses suitable alternative accommodation.
Up until works are completed, or there is no such hazard, or no make safe works are required, or the resident informs the landlord, in writing, they no longer want the alternative accommodation. |
Timescale |
| Within 24 hours of becoming aware and having reasonable believe there is an emergency hazard; Or within 24 hours of inspecting and deciding there is an emergency hazard.
As this is done in hours day ‘zero’ does not apply and you calculate based on the report/notice date and time. |
How we investigate
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Temporary moves
When considering the landlord’s offer of alternative accommodation and or a resident’s refusal, we will look at evidence on:
- the condition of the property, whether it was unsafe and the scale of the works. We’ll also consider whether the works would make the property unsafe
- the landlord’s decision making on whether to offer alternative accommodation or not, and whether its offer was suitable considering any needs or vulnerabilities within the household
- whether the works completed satisfactorily before the resident returned
- where there were multiple moves whether these could have been avoided
Whether the landlord has updated its temporary moves or decant policy to comply with Awaab’s Law and whether it met its wider policy obligations, not only those set out in Awaab’s Law.
The prescribed requirements for significant hazards (non-emergency cases)
If the landlord has notice of a hazard and does not have a reasonable belief it is an emergency hazard it must comply with the prescribed requirements for significant hazards.
When the landlord receives notice of damp or mould it must assess if it is an emergency hazard or significant hazard.
Where it has reason to believe it is an emergency hazard, it must follow the route above. Where it does not, it must consider if there is a significant hazard
Significant hazard – non-emergency cases
Prescribed requirement 1(a): Standard investigation
The obligation |
| Where the landlord becomes aware of a likely hazard in respect of damp and mould that is not likely to be an emergency hazard, the landlord must complete an investigation by a competent investigator. |
Timescale |
| Within 10 working days of the day after the landlord became aware of the likely hazard.
If the resident requests a physical inspection within 10 working days from the day after the resident’s request. |
Prescribed requirement 1(b): Renewed investigation
The obligation |
| Under Regulation 8, where a landlord’s investigations are unable to determine the full extent of the hazard or the works that may be needed, it must complete a further investigation. |
Timescale |
| As soon as reasonably practicable. We would expect landlords to do this promptly. In our investigation we would consider if the landlord unreasonably delayed. |
Prescribed requirement 2: Provide a written summary
The obligation |
| The landlord must provide a written summary of its investigation.
Refer to the prescribed requirements for emergency hazards: Prescribed requirement 3: Provide a written summary. For examples of the information, we would like to see. |
Timescale |
| Within 3 working days of the specific investigation concluding. This does not apply if the work is completed before this time.
Read the prescribed requirements for emergency hazards: Prescribed requirement 3: Provide a written summary. For examples on how this action can be completed. |
Prescribed requirement 3: Make safe works
The obligation |
| The landlord must complete relevant safety work to make the property safe |
Timescale |
| Commence works within 5 working days from the day after the landlord completed its investigation.
While this states when the work should be completed by, we would expect landlords to complete works promptly and in any event in line with their policies and procedures. We will always consider if works were completed in a timely way Additional requirements for and exceptions to these prescribed requirements are the same as for emergency hazards (above), except for the timeframes. |
Prescribed requirement 4: Preventative works
The obligation |
| When all safety work has been completed but an investigation has identified supplementary preventive work to ensure the hazard does not recur, the landlord must complete that ‘preventative work’. |
Timescale |
| This work must begin within 5 working days of the investigation that identified the relevant supplementary preventative work.
Where it is not reasonably practicable to comply with the 5 working day deadline, then the work must be completed as soon as reasonably practicable but before 12 weeks from the day after the day when the investigation concluded there was an emergency or significant hazard. |
Prescribed requirement 5: Required further works
The obligation |
| The landlord must complete required work (in addition to any make safe works) to ensure, so far as is possible, the hazard does not recur. |
Timescale |
| Commence within 5 working days from the day after the landlord completed its investigation. |
Prescribed requirement 6: Updates
Obligation 1 |
The landlord must take reasonable steps to keep the resident informed about the timing and progress of the work until:
|
Timescale |
Ongoing, the landlord should ensure updates are:
|
Obligation 2 |
| The landlord must inform the resident if no further action is required under the Prescribed Requirement Regulations.
This includes when:
The landlord must also tell the resident how to contact it. |
Timescale |
| Non-specified – however we will require this is completed within a reasonable time. |
Obligation 3 |
| The landlord must inform the resident when the work is completed. |
Timescale |
| Non-specified – however we will require this is completed within a reasonable time. |
Prescribed requirement 7: Accommodation
The obligation |
| If the landlord cannot complete repairs to make the property safe within 5 working days. The landlord must secure ‘suitable alternative accommodation’ for the resident (and their household). |
Timescale |
| Within 5 working days of inspecting and deciding there is a significant hazard |
Additional requirements for and exceptions to these prescribed requirements are the same as for emergency hazards, except for the timeframes.
Where we see complaints about the level or standard of the work completed – but there is no longer a hazard, our standard approach to repairs will apply.
How we investigate
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Pre-action Protocol
It should not be necessary for a resident to seek the help of a solicitor to have their issue resolved. Landlords should be aware that the Pre-action Protocol on Housing Conditions (England) requires them to consider alternative ways of resolving a dispute outside of court.
The protocol refers to the benefits of using the complaints process to achieve this. This means in responding to a claim, landlords should continue to respond to complaints in most circumstances and ensure that they are familiar with our guidance on handling complaints and claims.
We do not consider legal proceedings to commence until papers are issued by the court, which means we may investigate.
Landlords should make sure their policy and procedure aligns with paragraph 2 of The Complaint Handling Code.