Social Housing Regulations passes into law August 23
Awaab’s law is now on the statute book as the reforms to the Social Housing Regulations passes into law.
New rules which now require social housing landlords to fix damp and mould issues to strict deadlines or rehouse tenants in safe accommodation, have become law!
This is a significant reform...
Awaab's Law is named after two-year-old Awaab Ishak who died in December 2020, after prolonged exposure to mould in his family's home in Rochdale. This resulted in a petition signed by 177,000 members of the public calling for a change in the law.
Awaab's Law is part of the Social Housing (Regulation) Act which has been described as the most significant reform of the housing sector in more than a decade. The new law imposes new requirements on councils and housing associations that among other things see:
- A strengthening of the Regulator of Social Housing to carry out regular inspections of the largest social housing providers and the power to issue unlimited fines
- Powers to set strict time limits for social landlords to address hazards such as damp and mould
- New qualification requirements for social housing managers
- New enforcement powers will be made available to tackle failing social housing landlords who are not pulling their weight in taking swift action to address damp, cold and unsafe homes
Dampness related enquires higher than ever before...
The number of calls that we and many members of the PCA handled during the winter of 2022/23 was incredible. Although the summer has seen the rate of mould enquiries slip back a little as the days warm, the implication of this legislative reform is bound to be significant.
Perhaps it is a little crass to try and couple the requirements of this new law with the needs of the emerging Housing Safety Act., But what jumps off the page as we read about these new laws is the need for specialists to be able to prove competency. This seemingly simple requirement has been mandatory for members of the PCA for decades. It follows then that as professionals operating in a specialised sector employing trained, competent and qualified experts...we have a lot to offer. Perhaps now many others will realise the true value of our expertise, experience and knowledge.
Private landlords cannot be complacent...
Though the new regulation is focused on social housing providers, we don’t believe that private landlords can be complacent. The Homes (fit for human habitation) Act 2018 already provides a mechanism for tenants to withhold rents where landlords fail to enact repairs. Couple this with other changes to the legal framework that enforces tenants' rights and murmurings that some of the elements seen in Awwab’s law should be extended to include all domestic tenancies. If this happens, I suspect we will see a significant shift that can only result in the need for more damp specialists.
Depressingly, we are also seeing the rise of 'chancers and opportunists' in the sector. Ambulance chasing lawyers trying to seed disrepair claims alongside so-called “specialists” spinning stories of terror while peddling unproven and misguided remedies for mould. PCA must be on hand to support legitimate specialists while pushing against the crooks.
PCA members have the skills and knowledge to do things properly. The principles of diligent survey and good diagnostics supported by highly professional and accountable service delivery have served our industry very well in the past. It will do so as we move forward.