Housing Disrepair Claims after Awaab’s Law

Section 10A of the Landlord and Tenant Act 1985, usually known as “Awaab’s Law,” was included as a significant change to the Social Housing (Regulation) Act 2023. While implicit in all social leases, landlords are required to follow “prescribed requirements” even while they rectify some defects noted in rules. The Department of Levelling Up, Housing and Communities (DLUHC) has started a consultation on the new laws to highlight important areas requiring focus.

Sadly, the measure stems from the death in December 2020 of two-year-old Awaab Ishak. Awaab died from toxic mould in an apartment block administered by Rochdale Boroughwide Housing (RBH). Nothing was done in spite of earlier requests for a move. Two days after his second birthday, Awaab developed “flu-like” symptoms and respiratory problems, which led to hospitalisation and further deteriorating. Though they did everything, respiratory failure and a heart attack finally proved too much for him. The pathologist said that Awaab’s swollen throat from a fungal infection was the cause of his difficulty breathing. In July 2020, a health visitor raised mould issues; RBH took no action. Reflecting on Awaab’s death, the Senior Coroner said that the housing industry underwent a sea change and pushed for improved knowledge of mould and damp as well as education.

Comprehensive Definition of Relevant Defects

Using this method, ‘Awaab’s Law’ would consider all 29 present HHSRs as significant flaws. Problems with mould, humidity, defective power, water leaks, broken heating, and structural issues fit as examples. Whatever the categorisation, the focus is on major damage endangering resident health or safety. During risk assessments, landlords should use discretion, follow accepted policies, and take all pertinent information—including HHSRS guidelines—into account.

Rigorous Timescales for Investigations

Landlords will have 14 calendar days to investigate from the moment they learn of the issue.

Within two days following the completion of the fourteen-day period, landlords are obliged to give their tenants inspection reports. The paper must contain:

  • Particulars about the time and approach of the investigation, as well as the investigator’s identity and position.
  • Information on any subsequent investigations necessary and their scheduled times.
  • Identification and description of any hazards found.
  • Evaluation of whether identified hazards pose a significant risk to residents.
  • If there is a risk, determine what fast adjustments are needed to make everyone safe.
  • List the steps for permanent repair together with their expected timelines.

Swift Response to Emergency Hazards

For any threats judged to be significant or impending, urgent repairs have to be done 24 hours following the assessment. If quick repairs are not practical, landlords have to offer either interim accommodation or a decant to ensure the safety of their tenants.

To schedule access to the property, landlords must make at least three attempts to get in touch to occupants or their designated representatives. To decide a reasonable visiting time, which calls for residents’ cooperation, one must take into account their needs including work schedules. Landlords have to let their renters know in writing of any unanticipated events that would stop access during the planned term. This notice should propose an other time slot and contain the contact details of the landlord.

Completion of Works

To ensure the effective completion of the activities, it is imperative to record all attempts to obtain access, contacts with residents, and actions taken to solve manpower or material shortages.

Record Keeping for Accountability

While repairs should start seven days after a major hazard is discovered, suitable completion times should be determined after evaluating the type of the issue and the needs of the people. There is constant disagreement on what exactly qualifies as a “reasonable period”.

Final Words

Providing open and reasonable timelines for landlords to handle problems, the recommendations present a practical solution. Concern for the health of the residents corresponds with the obligation to guarantee an appropriate surroundings for human living.

Though arguments over related ideas like “reasonable period” and “significant risk” could arise, the recommendations are thorough. Rules that stakeholders can assist to create will control council damage claims in 2024. The new laws could potentially compromise the usual practice of waiting for a complaint to be addressed before launching legal action. The time-sensitive character of ‘Awaab’s Law’ may make any more delay difficult. The final legislation will significantly improve the safer and better living conditions for renters all throughout the UK.

Where to Turn for Help with Housing Disrepair Issues?

Pursuing a successful claim for home degradation usually involves time and effort. Delays or failures should not demoralise you. Learn about the rules safeguarding you as a council renter. Knowing this will help you to confidently defend yourself.

From first documentation to legal representation, SilverOak Solicitors covers all. They are conversant in the nuances of these circumstances. Our compassionate experts will help you to boldly handle the operation. Call our useful team to get a free consultation. Remember always that you have support. We are here as usual to help you!

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