2. Enforcement of Awaab’s Law

The intent of Awaab’s Law is to prevent another tragedy such as that of the death of two-year-old Awaab Ishak, and for social landlords to understand exactly what they need to do, and by when, if one of their residents reports a hazard in their property.

Implied terms and routes to redress

Awaab’s Law effectively inserts (or in legal terms ‘implies’) into social housing tenancy agreements a term that requires landlords to comply with new requirements, which are to be set out in regulations. This means all registered providers will have to meet these requirements, and if they do not, residents will be able to hold their landlords to account by taking legal action through the courts for a breach of contract. If a case does reach the court, and the registered provider is found to be in breach, the court can order the landlord to do the repairs, pay compensation to the resident or pay some or all of the resident’s legal costs. Alternatively, residents may wish to complain to their landlord, which could then be escalated to the Housing Ombudsman. Similar to the legal route, the Housing Ombudsman has the power to order landlords to undertake repairs and pay compensation to the resident. More information on the Housing Ombudsman Service can be found below.

If a legal route is chosen, it may be possible to resolve issues before they reach the court. The Pre-Action Protocol for Housing Conditions Claims can be used for cases where, despite the landlord’s knowledge of the poor conditions, matters remain unresolved. The pre-action protocol aims to avoid unnecessary litigation, promote the speedy completion of any remedial works and ensure that tenants receive any compensation to which they are entitled.^{[footnote 25]} The protocol encourages tenants and landlords to consider alternative dispute resolution instead of going to court, which should be a last resort.

Use of the pre-action protocol does not constitute legal proceedings. Therefore, using the pre-action protocol does not prevent the social landlord from responding through their own complaints procedure, nor does it prevent the Housing Ombudsman from formally investigating.

We have been clear that legal proceedings should not get in the way of landlords taking action on repairs. Residents and landlords can, and should, continue to engage on repair works even if legal proceedings are underway, or a complaint is with the Housing Ombudsman.