Phase 2 of Awaab's Law’s is coming into force on 30 November 2026

Since October 2025, social landlords have been required to respond to damp and mould within strict statutory timescales. Phase 2 of Awaab’s Law, however, represents a significant extension of the existing remediation timescales alongside other changes. The most notable change is that seven additional hazard categories will become subject to the remediation timescales. These categories are:

1.      Electrical hazards;

2.      Falls and trip risks;

3.      Fire and explosion risks;

4.      Excess cold;

5.      Excess heat;

6.      Structural collapse and falling elements; and

7.      Domestic hygiene issues including pest infestations.

Why is this significant?

These hazards arise from "built-in" defects inherent in the original design or structural fabric of a building, which is different from damp and mould hazards. Phase 2 therefore subjects many of the most prevalent serious housing defects to binding remediation timescales.

For those social landlords in breach, remediation costs are likely to be higher, and recourse is likely to be brought against housebuilders and others in the supply chain. Knowing the correct party to sue in the supply chain will be key for litigation, and this will depend on the factual matrix of each case.

Other changes

Additionally, the definitions of ‘emergency’ and ‘significant’ hazards that fall within the scope of Awaab’s Law have been updated. These changes will support the more consistent application of the requirements in the legislation and help tenants more easily identify when landlords must act.

It is also worth noting that existing fire safety legislation will continue to apply and won’t be duplicated under Awaab’s Law.

Burdens and planning

As a result of the upcoming changes, social landlords will be required to investigate, complete timeline documentation, and have clear records of tenant communication and strategic remediation planning in place. As a consequence, they are likely to face an increased administrative burden, in addition to having to undergo the training that needs to be completed before Phase 2 comes into effect.

In order to assist with this increased burden, a practical to-do list for social landlords includes:

1. Conducting a full stock condition audit;
2. Reviewing and updating triage processes;
3. Investing in staff training;
4. Upgrading case management systems;
5. Establishing contractor capacity;
6. Reviewing the Government’s new guidance; and
7. Reviewing complaints and escalation procedures.

Enforcement

There are multiple avenues for enforcement which landlords will need to be aware of.

1.      Housing Ombudsman

The powers of the Ombudsman are wide and involve the ability to order compensation payments to tenants from landlords, issue Complaint Handling Failure Orders, and publish findings of maladministration. Such actions can cause serious reputational damage to landlords, particularly when housing associations depend on their regulatory standing to access funding, attract investment, and maintain positive relationships with local authorities and tenants.

2.      Regulator of Social Housing

The Regulator provides another enforcement avenue, with it being able to issue Regulatory Notices to landlords requiring immediate corrective action. In the most serious cases, the Regulator can appoint managers over or transfer the management of an organisation's property.

3.      Civil claims

Lastly, tenants themselves may bring civil claims directly against landlords for breach of the implied tenancy term in section 10A of the Landlord and Tenant Act 1985. This section, which is concerned with how hazards in certain leased social housing can be remedied, implies into qualifying leases a term to the effect that all the relevant requirements that should be satisfied for such properties will be adhered to by the landlord. When tenants believe that their landlord has not adhered to these requirements, they may be able to bring an action before the court, which carries with it monetary and reputational risks for landlords.  

Timelines and Limitation

The exact timescales for investigating hazards will be confirmed when the regulations are laid by Parliament.

In terms of limitation, the Building Safety Act 2022 extends the applicable limitation periods under the Defective Premises Act 1972. This is 30 years retrospectively and 15 years prospectively. This means that claims could be brought against construction professionals for longer periods for many Phase 2 hazards.

Long limitation periods combined with the risk that claims could be brought against different actors in supply chains may mean a surge of breach of contract claims in the housing sector.

Conclusion

The government is said to be taking a ‘test and learn’ approach as Phase 2 is implemented, learning from Phase 1. Phase 3, which is anticipated to come into force in 2027, will deal with all remaining hazards. The question for private landlords is whether Awaab’s law will be extended to the PRS via the Renters Rights Act 2025, with the Decent Homes Standard expected to apply to the PRS by 2035 or 2037.

This blog was co-authored by Christy Theodoulou and Priya Sejpal.