Awaab's Law vs. Existing damp and mould legislation
The tragic death of two-year-old Awaab Ishak has spurred new legislative changes in housing regulations, requiring landlords to soon adhere to strict timelines for inspecting and repairing damp and mould issues.
Yet, many argue that existing laws already empower local authorities and courts to address these issues when landlords are at fault, raising questions about the necessity of additional legislation.
In this article, we examine the current laws in place, how Awaab’s Law is expected to interact with them, and the broader implications of this regulatory shift.
Background
Awaab’s Law forms part of the Social Housing (Regulation) Act, which essentially introduces a stipulation into social housing tenancy agreements requiring landlords to adhere to new requirements, which will be further detailed in forthcoming secondary legislation. Among these proposals are strict timelines for the inspection and repair of damp and mould issues.
As these regulations will soon expand to encompass the private rented sector, landlords should anticipate similar stringent deadlines for addressing damp and mould concerns.
Fitness for Human Habitation (FFHH)
Welsh Government introduced The Renting Homes (Fitness for Human Habitation) (Wales) Regulations in late 2022. According to these regulations, a property is deemed unfit for human habitation if it poses a current or likely risk related to any of 29 specified 'matters and circumstances’, with "exposure to house dust mites, damp, mould, or fungal growths" listed as the first concern.
Guidance from Welsh Government outlines the causes of these conditions and the responsibilities of landlords, stating that “whether the dwelling is a fit place to live should, in the vast majority of cases, be clear to both landlord and contract-holder”. However, our experience is that this clarity is often elusive. Occupiers may assert their homes are unfit, even when they are not, making it challenging to change their perceptions.
Ultimately, if a landlord and contract-holder cannot reach an agreement regarding a property’s fitness, the matter is one for a court to resolve.
Housing Health and Safety Rating System (HHSRS)
HHSRS was established under the Housing Act 2004 as a risk-based framework for local authorities to evaluate housing conditions and enforce minimum standards.
Despite the introduction of FFHH regulations, HHSRS remains applicable in Wales. Local authority housing officers use this system when inspecting properties in response to complaints from occupiers.
Hazards identified during inspections are categorised into four areas, one of which is ‘Physiological Requirements’, which encompasses addressing issues such as damp and mould.
Depending on the severity of the identified hazards, local authorities can take various enforcement actions, including issuing improvement notices that legally compel landlords to address the issues. These notices may be appealed and are adjudicated by the Residential Property Tribunal in Wales.
HMO Management Regulations
Properties rented as Houses in Multiple Occupation (HMOs) are governed by The Management of Houses in Multiple Occupation (Wales) Regulations. Under these regulations, managers are obligated to maintain the property in good repair, ensuring that the décor, ventilation systems and overall structure are adequately preserved.
The Regulations go a step further and say every occupier of a HMO must not act in a way that will hinder or frustrate the manager in the performance of their duties.
Enforcement of these regulations is the responsibility of the local authority, and any disputes arising from them are adjudicated by the Residential Property Tribunal.
Concluding thoughts
It’s clear that we’re entering an era where heightened scrutiny and accountability are being demanded of landlords regarding damp and mould issues. While Awaab’s Law will introduce defined timelines for landlords to address these issues, we wonder if it addresses a legislative gap, or if it’s more a political response to public pressure following a tragic incident.
Existing frameworks like the Housing Health and Safety Rating System and Fitness for Human Habitation regulations already empower local authorities to take action where landlords fall short. However, underfunded and overstretched councils often struggle to enforce these standards effectively. The rigid deadlines of Awaab’s Law may well empower tenants by giving them a concrete basis to push for action.
In all of this, we must not overlook the shared responsibility between landlords and occupants when it comes to addressing mould. Factors like lifestyle habits and ventilation practices also play a role in maintaining healthy conditions, and legislation alone may not address these shared responsibilities adequately. Awaab’s Law is undoubtedly a step towards increased landlord accountability, but for it to create meaningful change, it should work in conjunction with existing laws, ensuring both landlords and tenants understand their roles. In the end, Awaab’s Law reflects a societal call to action, but its success will hinge on practical enforcement and a balanced approach to shared responsibility in maintaining safe, habitable homes.
A landlord’s first line of defence: A robust Written Statement of Occupation Contract
The Written Statement of Occupation Contract, formerly known as a tenancy agreement, is a landlord's first line of defence in this new regulatory environment. It should clearly outline expectations for reporting damp and mould conditions, as well as responsibilities for prevention and treatment in the latter’s case.
We've consistently advocated against using the Welsh Government’s model Written Statement, as it falls short in adequately protecting landlords. For instance, it states that no rent is payable if the property is unfit for human habitation but fails to provide further clarification. This vagueness could encourage occupiers to stop paying rent based on their own judgment, rather than following the proper legal process. Additionally, the model doesn’t require contract-holders to perform basic household duties, which were responsibilities previously covered by the well-established ‘tenant-like manner’, which no longer exists in Wales. These shortcomings are fully addressed in the Written Statement we provide.
In an ever-evolving rental landscape, having a proactive and experienced letting agent on your side is more important than ever. We’re committed to staying ahead of the latest legislation, ensuring your properties are compliant and well-maintained, and your contract-holders informed and educated.
Let us help you protect your investment and keep your occupants happy – because when it comes to your properties, we never miss a beat. To learn more, get in touch with us on 02920 668585 or email lettings@cpshomes.co.uk.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
