Complaints involving Awaab’s Law landlord expectations

Once the landlord has decided that there is a potential emergency or significant hazard, it must then comply with the relevant prescribed requirements.

Investigations

We will consider whether the landlord completed an appropriate investigation, based on its assessment of whether an emergency or significant hazard may be present.

This will include:

• whether it was reasonable to carry out an emergency or standard investigation - we must see evidence of the landlord’s decision making
• whether it met the prescribed timeframes for its initial and any further or renewed investigations, which are:
  • within 24 hours for an emergency investigation
  • within 10 working days for a standard investigation
  • within 10 working days of the resident’s request for a further investigation
• the landlord’s records of its investigation and any inspections
• whether the landlord appointed a competent investigator

If the landlord’s investigation suggests there is not an emergency or significant hazard present, the landlord may decide to discontinue following the prescribed requirements.

If the resident makes a complaint about the landlord’s decision, we can investigate this. We will need to see evidence of the landlord’s decision making and communication with the resident around this.

Completing the works, including access and contractors

If, following an investigation, the landlord identifies it needs to complete repairs, we will assess whether it has complied with prescribed timeframes.

The timeframes are:

• within 24 hours for emergency make safe works or 5 working days for significant hazard make safe works
• within 5 working days for identified non-urgent preventative works
• works to begin within 5 working day, and be completed within 12 weeks, for further works

Where there is no prescribed timeframe, we will consider whether the landlord completed the repairs promptly.

We will consider:

• the landlord’s policy and procedure timeframes
• whether the landlord completed non-urgent repairs within 28 days, being the standard industry timeframe
• whether the landlord’s proposed or actual timeframe to complete repairs was excessive or delayed. We will consider its reasons for this
• complaints about the quality of workmanship as we would for any complaint about repairs
• regardless of whether the landlord chooses to use in house or external contractors to carry out the investigation and/or repairs, it is still responsible for complying with the timeframes
• whether the landlord had systems and processes in place to ensure its 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

The landlord will need to provide evidence of the repairs it carries out. It will need to evidence the reasons for any delays, and we will decide whether these are reasonable. Landlord should not add Awaab’s Law repairs onto long term capital or cyclical work programmes.

Landlord may encounter delays due to difficulty getting access to the resident’s home for investigation or to carry out repairs. Residents are legally obligated to allow access if the landlord has provided sufficient notice.

We will consider:

• whether the landlord has taken reasonable steps to gain access – see the government’s guidance at section 4.2
• the landlord’s actions and whether it closed the repair job - landlords should not close repair jobs following a no access, and should continue to use all reasonable means to gain access to address the hazard

Temporary moves

Under the prescribed requirements landlords must consider whether there is a need to offer suitable alternative temporary accommodation. We will consider landlords’ decision making, any offer of temporary accommodation and any refusal by the resident.

Landlords should ensure their temporary moves or decant policies comply with the requirements for Awaab’s Law.

We will require evidence on:

• the condition of the property, whether it was unsafe for the resident to remain, or would become unsafe due to the repairs
• whether the repairs were completed prior to the resident returning
• if multiple moves were needed whether this was reasonable

It should not be necessary for a resident to need to instruct a solicitor to have their issue resolved. If a landlord receives a letter before claim, it must continue to engage with its internal complaints process as a means of alternative dispute resolution under the Pre-action Protocol for Housing Condition Claims (England).

Landlords must continue to follow their complaints policies and our Complaint Handling Code.

We do not consider legal action to have commenced until the court has issued a claim form. If a claim form had not been issued the complaint will remain within our jurisdiction to investigate once duly made to us.