Preparing for Awaab's Law - Housing Ombudsman Guidance

With the announcement that Awaab’s Law will be implemented in a phased approach and that the requirements in relation to damp and mould and emergency hazards will apply to social landlords from October 2025, the sector is working hard to ensure compliance is achieved by the time the requirements come into force. Details of the key points for social landlords to consider are helpfully set out in Emily Hope’s briefing which can be found here - Phase 1 of Awaab's Law to Take Effect from October 2025.

To assist social landlords with their preparation, the Housing Ombudsman has produced a Learning Report from damp and mould complaints and focuses on (a) inspections and (b) knowledge and information management.

Inspections

The key learning points highlighted in the report are:

1. Failure in the carrying out of inspections

Instances where inspections have been delayed, are incomplete or not carried out at all.

2. Multiple and/or conflicting inspections

Instances of inspections being carried out for no apparent reason.  Also, issues where multiple inspections have been carried out, leading to conflicting conclusions as to the causation of the damp and mould and the works necessary to resolve them.

3. Disconnect between inspections and schedule of works cases

The Ombudsman gives several examples of landlords failing to carry out works identified following an inspection in a reasonable period of time or not completing works at all.

4. Poor communication of the inspection findings to the resident

Residents being left with little or no information on the findings of inspections or the necessary next steps and/or being given misleading information.

Knowledge and Information Management 

The Ombudsman states that knowledge and information management “is the foundation of an effective service delivery” meaning it will be a key consideration for them when dealing with complaints around failures to comply with Awaab’s Law.

Practical examples given are:

• Limited repair records being kept and maintained
• Failures by external contractors to keep such records
• Failure to communicate effectively with the resident complainant
• Failure to record up to date household information for residents including issues such as household make up and any vulnerabilities suffered by occupants meaning.

Practical take aways

Awaab’s Law, once implemented, will signify a huge shift in the way in which social landlords are required to address damp and mould complaints and the completion of emergency works. Landlords must start preparation for these changes now to ensure full compliance is accomplished by October 2025.

The Learning Report is essential reading ahead of the implementation of Awaab’s Law as it clearly highlights the Housing Ombudsman’s key expectations. Some practical take aways from the Report for social landlords are:

• Importance to urgently review resources available to implement the required changes. Significant investment in staffing / systems / processes may be well be needed to ensure compliance. 
• To have a robust inspection system in place. There are many factors to consider here including a system for triaging cases to ensure appropriate responses are made considering the resident’s household and personal circumstance; ensuring inspections are carried out quickly and accurately; considering the implementation of standard post-completion inspections to ensure works are to a reasonable standard and the issues have been fully resolved.
• Closely monitor any partnership working with external contractors (where used) to ensure inspections / works are also completed in accordance with the legal obligations.
• There must be a clear workflow between the results of inspections becoming available, the raising of the necessary works orders and works finally being completed. Again, landlords will need to actively manage this process and monitor external partners assisting with the completion of these steps. There must also be a joined up approach between different teams within a landlord organisation to ensure that there are no breakdowns in communication leading to works not being completed.
• Record keeping, as always, is key. Ensure each step of the inspection/repairing process is fully documented to provide evidence of actions taken.
• A need to thoroughly consider the individual needs of the members of the complainant household to ensure appropriate action is taken in each individual case – a blanket approach will be insufficient meaning individual risk assessments are advisable. Does the household comprise of vulnerable residents for example? This could be a vulnerability through a particular disability but could also be through other factors such as the resident’s age or other medical issues. Does that vulnerability mean that additional considerations must be made? Would a decant need to be offered even if this would not be needed in a household without such vulnerabilities? The necessity to consider these issues could be incorporated into policies and procedures thereby showing a vigorous approach. In any event, checking that they are fit for purpose will be essential.
• To ensure that the resident is kept fully informed the Housing Ombudsman highlights instances of Social Landlord’s implementation of “case managers” to oversee damp and mould repairs who also act as a single point of contact for the resident who has made the complaint. It will be an essential part of the damp and mould process to ensure that the resident has sufficient information about steps being taken to resolve their complaint. Could this be something your organisation could implement to ensure that good communication with the resident is maintained?
• Training of staff is necessary to ensure they are fully equipped to understand the changes and the part that they play in ensuring compliance.

The implementation of Awaab’s Law is one of the most fundamental changes we have seen in recent years. Should you need any assistance and advice on the implications of Awaab’s Law for your organisation, get in touch with our specialist team.