Awaab's Law: Your Questions Answered

In our recent webinar, ‘Awaab’s Law: 6 Months On’, our panel of experts were joined by Nikki Currie from Onward Homes to discuss how organisations across the sector have been adapting their practices following the initial months of Awaab’s Law. During the session, our experts received a number of insightful questions from our audience around ensuring compliance with phase 1 and preparing for phase 2. 

The full webinar is now available for you to watch on demand here.

This blog compiles the questions asked by attendees alongside expert answers, so you can find out everything you need to know to ensure compliance with Awaab's Law as we approach the next phase. 

Q: What is the best way to overcome no-access issues, and how do you escalate those cases? 

A: From a legal standpoint, the court's expectations of landlords are significantly higher than what Awaab's Law alone requires, with case law that has been established for decades. Landlords must demonstrate every reasonable attempt was made to gain access, ultimately to protect residents from risks they may not fully understand themselves.

Taking someone to court can be costly; however, these costs are small in comparison to the cost of a disrepair claim if those same cases are left unresolved. The financial and human cost of not acting is far greater. If you do take a resident to court for no access, you must communicate this with other residents in the form of newsletters or notices to ensure they know you will not hesitate to pursue legal action.

For further expert insights into overcoming no access issues, head over to our dedicated blog, 'No Access and Awaab's Law: Challenges and practical lessons', here.

Q: We struggle to identify whether damp and mould cases reported by phone constitute a significant or emergency hazard. How do we make these decisions remotely? 

A: The government guidance includes a list of vulnerabilities; if any of these come up, the case should be treated as an emergency, regardless of what you might find on inspection. It is always better to attend and find less of a hazard than expected than to underreact to a genuine risk.

While contact centre staff should have training, they are not technical experts. Train your staff well, set clear internal thresholds for what constitutes an emergency, and give them the confidence to escalate if something feels urgent, even if it doesn't tick every box.

Prior to Awaab's Law, most organisations already operated with multiple repair categories, which would typically include emergency, 3-day, 7-day, and 21-day standards. The information on how to categorise hazards is now better than ever, which means categorising hazards should also be easier. It is important that you are setting a line in the sand internally, training staff on it, evidencing decisions, and refining approaches as the case law develops.

Q: What are the best practices for being honest about condensation versus damp caused by a repair failure? 

A: Be honest but thoughtful about how the message is delivered to ensure the resident is being educated instead of being blamed.

The Housing Ombudsman's 2021 spotlight report on damp and mould does not say lifestyle cannot be considered; instead, it says that too many landlords are blaming residents without any thorough investigation into the building itself.

In practice, this is almost never 100% one party's fault. There is usually a building element, ventilation, a leak, or rising damp alongside things the resident can do differently. Explaining both sides clearly, with respect, makes a huge difference.

The best organisations do not wait for individual cases to have this conversation. They proactively educate all residents upfront via leaflets, guides, and communications, so when a specific issue does arise, the conversation is far easier.

Q: We've seen an increase in decant requests linked to Awaab's Law, with some residents appearing to use it to leverage the rehousing process. How do we handle this? 

A: To solve this issue, you should simply fix the damp and mould. If the problem is resolved, there are no grounds to leverage the allocations process. A repair issue and housing allocation are both separate and cannot be used to influence one another, in the same way rent arrears and disrepair cannot be linked. 

Q: Are repairs and asset databases working effectively for categorising HHSRS hazards and timescales? 

A: Many organisations have adapted existing systems by re-engineering unused priorities rather than starting from scratch. Use your experiences of going through Awaab's Law phase 1 to understand exactly what you need when mobilising systems; this experience will be invaluable going into phase 2. 

Q: What protocol should be followed during remediation? Are there recognised standards? 

A: There is currently no defined British Standard for mould remediation at this time, but many UK organisations use the American standard ANSI/IICRC S520-2024, which covers mould remediations methods, products, and processes. There are also some guidance documents and resources available in the UK. 

Q: Are organisations using smart monitoring technology to identify damp and mould conditions early? 

A: Smart monitoring technology is being used by organisations, but widespread adoption has not happened yet. Most organisations use sensors reactively by installing them in properties where damp and mould has already been identified, rather than proactively across their stock. These smart monitoring technology pilot studies are more common than full rollouts at this stage. 

Q: Should we report or exclude no-access failures when showcasing performance? We're finding the 10-day timescale is being missed due to no access, despite daily documented contact. 

A: Include everything; do not exclude failures even when they are clearly not the landlord's fault. Removing cases from your figures might make a dashboard look better, but those are the cases that will cause problems later if they are not being monitored. 

Good reporting must be a full picture with context, including total failures broken down by reason, no access attempts, customer request, and operational failure. It is important to record both the number, the reasoning behind it, and what is being done about it. 

Q: With phase 2 coming, what should we be doing now to prepare? 

A: With phase 2 on the horizon, it is crucial that you start preparing now using the current government guidance. The expectation is that phase 2 will land around October 2026, extending the law to other hazards, including fire, excessive heat, and excessive cold, but a notice period is not guaranteed. 

Good organisations are already testing their current processes against those additional hazards. Ask yourself: Can your systems categorise them correctly? Can you produce the required reports? Do you have the staff capacity to handle the increase?

If you are struggling with a lack of resources, factor in recruitment time, notice periods, and onboarding, which could easily be four to five months. In May, that takes you very close to an October implementation, so starting those conversations now is essential.

Looking for further insights into preparing for phase 2 of Awaab's Law now? Read our blog, 'Awaab's Law: What to expect', to find out how you should be preparing now. 

Q: There is still confusion among colleagues that Awaab's Law only applies to damp and mould. How are others tackling staff understanding? 

A: To help colleagues understand the changes that will be coming in phases 2 and 3 of Awaab’s Law, training needs to reach the whole organisation, not just the repairs team. Phase 2 will affect many more departments, including housing management, caretakers, and scheme managers, so building that broader awareness sooner is better. Some organisations have already started phase 2 implementation planning by acting as if the requirement is already in force due to how wide-reaching it will be.

Q: If 100% is not compliance, what is compliance?

A: Compliance cannot be viewed as a pass or fail metric. A month where you are at 97% but do not understand your 3% failures is less compliant than a month at 96% where every failure is known, categorised, and being acted on.

It is crucial to report on this every week to ensure the information is quickly accessible. Waiting until the month-end for a KPI is not enough; weekly reporting keeps issues visible and allows faster responses.

Q: How are organisations preparing for Awaab's Law to extend to a wider range of hazards? 

A: The organisations in the strongest position are those treating this as a culture and service shift, not a compliance problem to solve in isolation. Good organisations are already running their systems and processes against the phase 2 hazards, testing categorisation, reporting, and timescales, so when a date is confirmed, they know where their gaps are.

The mindset you must be in is that Awaab's Law is not a repairs team problem; it is an organisational one. Contractors, housing officers, caretakers, income teams, asset managers, and everyone else need to understand their role. Organisations that are building that holistic approach now will be in a fundamentally stronger position than those waiting for further guidance.

Q: How are organisations dealing with Awaab's Law in practice, and what does good look like? 

A: No organisation is perfect, and by the nature of repairs and maintenance, 100% compliance is not achievable. There are too many variables, from customer access and material availability to the complexity of cases.

To be a good organisation, you should have:

• A culture where the whole team understands what Awaab's Law is trying to achieve and why.
• Contact centres that can triage and categorise reports accurately.
• Clear internal thresholds for emergencies and significant hazards.
• A learning cycle that reviews failures, understands root causes, and improves. 
• Transparent reporting that does not hide failures but explains them.

Getting the foundations right, keeping residents safe, communicating well, acting promptly, and following up are what will prevent civil claims, even when you occasionally miss a deadline.

Q: If an organisation is already meeting most statutory deadlines, what additional steps make compliance more robust and defensible? 

A: It is important that you do not break what's working, but do not stand still either. The most important thing is to pressure-test your processes for when things go wrong. Ask yourself what happens if key staff are off sick, if your system goes down, or if you suddenly get a surge in reports?

Planning for the unhappy path is what separates resilient organisations from those that only perform well in calm conditions.

Also, look at the resident's responsibility honestly. Fuel poverty, inadequate heating, and lifestyle factors can contribute to damp and mould; this does not mean that your obligation to help disappears. Signpost your residents to income support, educate them on ventilation, and always follow up. Doing the right thing for your residents is both the legal expectation and the best protection against claims.

Q: When residents report damp and mould, but repairs aren't progressing, what escalation pathways should frontline services use? 

A: Internally, your procedure should have a defined escalation path, including who to go to at which stage, and what triggers that escalation. If this is not documented, that is a gap that is worth addressing.

The formal complaints process is a powerful tool for residents. If that does not resolve things, the Housing Ombudsman is the next step. Environmental Health can also get involved for Category 1 HHSRS hazards.

For frontline staff who feel they are not being heard internally, it is important that they keep raising it, document everything, and remind colleagues of the organisation's legal obligations under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

Q: From a housing management perspective, what are the key risks in meeting Awaab's Law timescales? 

A: The biggest risk currently is notification. The moment a staff member or contractor enters a property, and sees a visible hazard. That can constitute formal notice to the landlord, and the clock starts from there.

A housing officer who spots mould on a Thursday, then takes a long weekend, has potentially cost the organisation two days of response time before anyone in a position to act even knows about it.

It is important you consider the following key risks to manage this:

• Frontline staff and contractors that do not understand their duty to report what they see.
• No clear, fast route for that information to reach someone who can make a categorisation decision.
• Delays in inspection, survey, or contractor availability once a report is received.

Training everyone who enters properties, not just repairs staff, is essential.

Find out more about managing the key risks that have emerged in the first months of the Awaab's Law implementation in our Pennington Choices Podcast episode, 'Awaab's Law: Your Questions Answered', below.

Q: How are successful landlords managing escalation and oversight? 

A: The cases that did not meet timescales are the ones that require active oversight, rather than just a RAG status on a board report. For every failure, you should ask yourself: was this defensible, or did we get something wrong? And if we got something wrong, what are we changing?

Good oversight means:

• Reporting frequently (weekly, not monthly).
• Including all failures, not excluding cases that seem "acceptable".
• Breaking failures down by reason, with commentary.
• Ensuring boards understand they are not looking for 100% compliance, they are looking for understanding.

If a director or executive is satisfied because a number is 100%, that is a governance risk. The real question should always be what is behind the number. 

Q: What is the main highlight of Awaab's Law after six months of implementation? 

A: One of the main highlights is how seriously organisations have taken it. There were real concerns before implementation that it might be treated as another box-ticking exercise, or something for the repairs team to manage quietly in the background. Encouragingly, that has not been the case. Organisations across the sector have engaged with it genuinely, with a clear focus on resident safety.

Q: Damp and mould is more prevalent in winter. How do we effectively prepare during the warmer months, rather than waiting for cases to spike? 

A: Summer is the time to do the proactive work, rather than waiting for cases to rise in the colder months. There are two practical approaches you should take here:

• Follow up on last winter's cases: Do not call in June to ask if the mould is back; call at the start of the next winter season as that is when you will get a useful and accurate answer, as well as showing the residents you have not forgotten about them.

• Use trend data: If 20 properties on an estate had damp and mould issues last winter, there may be 80 more of the same properties with the same underlying conditions. Instead of waiting for them to call, go in during the summer, check ventilation, educate residents, and fix what you can. You will still get some cases when winter comes, but far fewer than if you did nothing during the warmer months.

Q: How should organisations report Awaab's Law performance to boards? 

A: Keep it simple. Boards do not need 20 KPIs on top of everything else they receive; they need clear, meaningful oversight. Aim for around four to six measures covering emergency attendance within the timescale, 10-day repairs, decants, and key failure reasons.

It is important that boards see if you are compliant, where you are not, why, and what you are doing about it. If a board report requires 20 pages to answer those questions, it is too much.

Work with your board to agree on the right level of detail, and be prepared to push back if they are asking for more than they need. The right oversight is specific and actionable, not exhaustive.

Q: Can major work programmes or procurement processes justify extended timescales under Awaab's Law? 

A: In some cases, yes, but with an important caveat. If a scheme requires significant capital expenditure, procurement, and a lengthy lead time, that context can be part of a reasonable explanation. But courts will ask you what you did in the meantime.

You cannot ask residents to wait indefinitely while a procurement process runs its course. Interim measures, temporary repairs, decants where necessary, and enhanced monitoring are not optional. The test is whether you did everything reasonably possible to keep residents safe while the longer-term solution was being arranged.

Q: What are three key things a housing provider should do to prepare for Awaab's Law phase 2? 

A: 

1. Start now: Do not wait for a confirmed implementation date. If phase 2 lands in October and you have not started yet, you will not have enough time, especially if you need to recruit. Factor in a month of recruitment, notice periods of up to three months, and onboarding time. That will take up months of your preparation time.

2. Educate everyone who visits your properties: You do not need a formal training programme, even internal awareness sessions, photos of common hazards, and clear reporting routes make a difference. Frontline staff who can spot a problem early are your first line of defence. They do not need to diagnose it; they just need to know what to report and to whom.

3. Learn from phase 1: Where did you fail? What caused those failures, training gaps, system issues, capacity issues, and timing issues? If you have learned from the cases that went wrong and put something in place to prevent a repeat, you are in a strong position. The complaints and disrepair cases you have received are the most valuable data you have, so it is crucial that you use them.

If these answers have helped you identify any gaps in your damp, mould, or Awaab's Law approach, or raised any further questions, reach out to get in touch with our team of experts who will help you navigate your next steps.