1.1 Hazards and repairs in social housing

Damp and mould are not the only hazardous conditions that can have detrimental impacts on residents’ health and safety in social housing. The most common hazards according to the BRE are unsafe stairs, falls, overcrowding, excess cold, and damp and mould growth.^{[footnote 20]} BRE estimate that around 217,000 social rented homes have the most serious HHSRS hazards, costing the NHS approximately £65 million per year.

The mould in Awaab Ishak’s family home was first reported to the social landlord in 2017, and in the 3 year period between the landlord being notified and Awaab’s death, no action had been taken by the landlord to treat the mould.^{[footnote 21]} This case demonstrates that social residents are often having to wait long periods of time for health and safety issues in their home to be addressed, which can leave residents feeling helpless and in the worst cases can put them at risk. The Housing Ombudsman received 5,398 complaints about damp, mould and leaks in 2022. This year alone (2023), the Housing Ombudsman has reported 19 severe maladministration cases involving residents having to wait unacceptably lengthy periods for repairs.^{[footnote 22]}

Landlords of social housing are responsible for most repairs in their residents’ homes. The Landlord and Tenant Act 1985 requires landlords to make repairs to electrical wiring, gas pipes and boilers, heating and hot water, sinks, baths, toilets, pipes and drains, and the structure and exterior of the property, including walls, stairs and bannisters, the roof, chimneys, external doors and windows. Section 9A of that Act (inserted by the Fitness for Human Habitation Act 2018) requires landlords to make sure that homes are fit for human habitation. In determining whether a property is ‘fit’, regard is given to its condition in respect of specified matters which include any hazards under the HHSRS. To be fit for human habitation a home must be safe, healthy and free from things that could cause residents serious harm.

Registered providers of social housing must also ensure their homes meet the Decent Homes Standard, meaning the property must be free from dangerous (category 1) hazards, be in a reasonable state of repair, have reasonably modern facilities and services and provide a reasonable degree of thermal comfort. Social landlords will also usually have their own repair policies and tenancy agreements which often set out any extra responsibilities that they have. We are currently reviewing the Decent Homes Standard to ensure that it is up to date and reflects modern expectations of a decent home.

There is currently no specific legislation that sets out how long a registered provider has in order to make repairs once they know about a hazard. Under the Homes (Fitness for Human Habitation) Act 2018, if a landlord is made aware of a hazard that makes a home not fit to live in, they have a duty to rectify any problems within a reasonable amount of time. If a case reaches court, the judge will determine what a reasonable timeframe for rectifying the issue would be based on the facts of the individual case, including factors such as the extent of the disrepair, the availability of replacement parts and at what point the landlord became aware of the need for the repair. It does not necessarily need to be the tenant who makes the landlord aware – it can simply be the landlord’s own knowledge. For example, the registered provider would have knowledge if they noticed disrepair during a routine visit even if the tenant did not inform them. A landlord becomes liable if they then fail to carry out the repair within a reasonable timeframe.

Through Awaab’s Law, we want to make it clear to social landlords and residents the timeframes within which investigations and repairs must be actioned to protect residents from health or safety risks in their homes.