Awaab’s Law Phase 2: What 30 November 2026 Means for Housing Disrepair Claims

From 30 November 2026, Awaab’s Law extends beyond damp and mould. Social landlords in England will have to investigate and make safe a much wider range of hazards within fixed timescales, from excess cold and falls to fire, electrical and hygiene hazards.

For housing disrepair solicitors, that means more breaches to plead and more files where your client’s costs risk needs managing. This guide covers what changes, how it affects claims and where after the event (ATE) insurance fits.

What is Awaab’s Law?

The law is named after Awaab Ishak who passed away in December 2020 at the age of two years old. He died after prolonged exposure to severe damp and mould in his family home. Awaab’s parents constantly reported the hazard to their landlord as early as 2017, but these complaints were ignored. Subsequently, Awaab’s Law was introduced through the Social Housing (Regulation) Act 2023, marking a significant change in housing disrepair.

The Social Housing (Regulation) Act 2023 inserted section 10A into the Landlord and Tenant Act 1985. It implies a term into every social tenancy requiring the landlord to comply with the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. A failure to meet the regulations is therefore a breach of the tenancy agreement, and any term that tries to contract out of them is void.

Phase 1 came into force on 27 October 2025. It covers all emergency hazards and any damp and mould hazard that presents a significant risk of harm. Awaab’s Law works alongside, not in place of, existing duties under the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018 and the Housing Act 2004.

What are the Awaab’s Law timescales?

The regulations set maximum deadlines for each stage, explained in detail in the government guidance:

Landlord’s duty

Investigate a potential emergency hazard and complete the safety work            needed to make the home safe

Investigate a potential significant hazard

Send the tenant a written summary of the findings

Complete safety work on a significant hazard

Begin, or take steps to begin, work to stop the hazard recurring

Provide suitable alternative accommodation at the landlord’s expense

Deadline

Within 24 hours

Within 10 working days of becoming aware of it

Within 3 working days of the investigation concluding

Within 5 working days of the investigation concluding

Within 5 working days of the investigation concluding, and physically              started within 12 weeks

Where safety work cannot be completed within these deadlines

Landlords must also keep the tenant updated until the work is complete, and deal with the root cause rather than just the visible problem.

A hazard does not need to score as Category 1 under the Housing Health and Safety Rating System (HHSRS) to be in scope. The test is whether a reasonable landlord, knowing the household’s circumstances, would treat the risk as urgent.

What hazards does Awaab’s Law Phase 2 cover?

From 30 November 2026, the same timescales apply to the following hazards where they present a significant risk of harm:

  • Excess cold and excess heat – for example, broken heating or homes that overheat in hot weather.
  • Falls – on stairs, on level surfaces, between levels and associated with baths, such as failing handrails, unsafe balcony railings or major tripping hazards.
  • Structural collapse and explosions.
  • Fire and electrical hazards – for example, compromised fire doors and electrical faults.
  • Domestic and personal hygiene, and food safety – including pests, sanitation and drainage.

Phase 3, due in 2027, will extend Awaab’s Law to all remaining HHSRS hazards except overcrowding.

What happens when a landlord does not comply with Awaab’s Law?

A tenant can start by following the landlord’s complaint process. This can be helpful where the issue can be resolved without litigation.

If the complaint is not resolved, the tenant can take the matter to the Housing Ombudsman Service. They will consider whether the landlord complied with the relevant Awaab’s Law and timeframes set by the Law. They will also investigate the landlord’s own complaint handling system and their policies.

Failing that, the tenant can make a housing disrepair claim through the courts for breach of contract. If the court finds that the landlord has not complied with Awaab’s Law, the court can order the landlord to carry out the required repairs, pay compensation and/or pay some or all the tenant’s legal fees or all your client’s legal costs.

ATE insurance for housing disrepair claims from Prosperity Insurance

Our ATE insurance for housing disrepair claims protects your client against specified litigation risks if the case is unsuccessful, subject to the policy terms and conditions:

  • Adverse costs: the landlord’s legal costs your client is ordered to pay.
  • Your client’s own disbursements, such as surveyor reports and court fees.

We provide cover for housing disrepair claims against social landlords, including claims that involve breaches of Awaab’s Law. We work only with solicitors, who offer the policy to their clients.

How our cover works

  • Fully deferred premium. The premium is only payable if the case succeeds. If the case is lost, your client pays no premium.
  • Underwriters who understand litigation. Our underwriting team includes solicitors as well as underwriters.
  • Cover that keeps pace with the case. You update us at key stages, including if prospects of success fall below 51%.

Have a disrepair case to discuss? Contact our underwriting team for an in-principle decision.

Frequently asked questions

When does Awaab’s Law Phase 2 come into force?

On 30 November 2026. Phase 3, covering the remaining HHSRS hazards except overcrowding, is due in 2027.

Does Awaab’s Law apply to private landlords?

Not yet. Awaab’s Law currently applies only to social housing in England. The Renters’ Rights Act 2025 gives the government the power to extend it to the private rented sector, but a consultation is still to come and no date has been set.

Does Awaab’s Law apply in Wales?

No. Awaab’s Law applies to social housing in England. Wales has its own framework for housing conditions under the Renting Homes (Wales) Act 2016.

Conclusion

Phase 2 widens the range of breaches your clients can pursue from 30 November 2026, while the costs risk on each file stays open. With ATE insurance in place, your client can bring a claim knowing the adverse costs and disbursement risk is covered, subject to the policy terms.

To discuss a housing disrepair case or request an in-principle decision, contact our underwriting team.


This article is for general information only and is not legal advice. It reflects the position as of October 2026.