On 9 January DLUHC issued a consultation paper proposing mandatory timescales for landlords to respond to residents’ complaints of hazards to health or safety in their homes. The legal power to set such timescales is provided by clauses in the Social Housing (Regulation) Act known as Awaab’s Law. Although the initial focus of government attention following the tragic death of Awaab Ishak, was on damp and mould, the scope of Awaab’s Law has been widened to include any significant risk to the health or safety of a resident in the home. This includes all the risks identified in the current Housing Health and Safety Rating System (HHSRS) and is not restricted to hazards that HHSRS would assess as most serious, or category 1, on the grounds that HHSRS does not take account of the fact that some residents may be more vulnerable to specific hazards than the average. The expectation is that landlords will use their judgement to decide whether a hazard poses a significant risk, having regard to HHSRS (an updated version is expected) and other guidance.

The proposed timescales require landlords to respond to a relevant complaint within 14 days by carrying out an initial investigation to determine whether there is a significant hazard, and to provide a written summary of their findings to the resident within 48 hours after that. If the landlord judges there is a hazard posing a significant risk, they must begin repairs within 7 days. Repairs must be completed within a ‘reasonable’ period; the consultation paper does not propose to specify a time limit for completion because problems are so variable. If the hazard is judged to pose both a significant and ‘imminent’ threat to health or safety, then emergency repairs to make the home safe must be ‘actioned’ within 24 hours. In circumstances where it is not possible to make the home safe within a reasonable period, the landlord must offer alternative temporary accommodation.

These requirements, if implemented, will take effect as implied clauses in every tenancy agreement, enabling residents to take their landlord to court if they are not complied with. Alternatively, residents can complain to their landlord and follow up by approaching the Housing Ombudsman if they are unsatisfied with their landlord’s response.

The consultation closes on 5 March. ARCH will be responding and we would like to hear the views of member authorities and tenant representatives on the proposals, in particular on the criteria for judging whether a hazard falls within the scope of the proposals, landlords’ capacity to respond within the proposed timescales, and the risk and implications of increased recourse to the courts by residents, particularly in areas targeted by claim farmers. Please send comments to ARCH Policy Adviser Matthew Warburton (matthew.warburton@arch-housing.org.uk) no later than 23 February.