Awaabs Law

Awaab’s Law and the Role of Surveyors in Supporting Landlords

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Introduction

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Awaab’s Law is one of the most significant developments in housing regulation in recent years, introduced in response to the tragic death of two-year-old Awaab Ishak in Rochdale in 2020. His death, linked to long-term exposure to mould in his family’s home, highlighted serious failings in how damp and mould issues were handled by landlords. In 2023, the UK Government announced Awaab’s Law, setting strict timeframes for landlords to respond to reports of damp and mould.

This legislation has major implications for landlords—both social housing providers and private landlords—because it establishes a clear legal duty to investigate and resolve these hazards promptly. Failure to comply can lead to enforcement action, reputational damage, and serious health risks for tenants.

Surveyors play a crucial role in helping landlords meet their obligations under Awaab’s Law. With professional expertise in property inspection, building pathology, and maintenance, surveyors can provide accurate assessments of damp and mould issues, advise on remediation, and help landlords stay compliant with the law.

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Understanding Awaab’s Law

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Awaab’s Law was introduced through the Social Housing (Regulation) Act 2023. Its purpose is to ensure that tenants’ health and safety are protected by requiring landlords to act quickly when hazards such as damp and mould are reported.

The law sets out strict deadlines for landlords:

• Initial investigation: Landlords must investigate hazards within a set timeframe once a complaint is received.

• Repairs and remediation: Where hazards are identified, landlords must carry out necessary works promptly to remove risks to tenants’ health.

• Communication: Tenants must be kept informed about the progress of investigations and repairs.

This legislation is a response to systemic failings in housing management, where tenants’ concerns about poor living conditions were too often ignored or dismissed. It places accountability squarely on landlords and ensures that housing providers treat complaints about damp and mould with urgency.

For landlords, this means they must have clear systems for receiving, recording, investigating, and resolving complaints. A reactive approach is no longer sufficient; landlords need proactive maintenance and professional input.

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Why Damp and Mould Are So Serious

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Damp and mould are not just cosmetic problems. They have significant health and structural implications.

1. Health Risks:

   • Exposure to mould spores can trigger or worsen respiratory conditions such as asthma and bronchitis.

   • Vulnerable individuals, including children, the elderly, and people with weakened immune systems, are at greater risk.

   • Long-term exposure has been linked to serious health outcomes, as Awaab’s case tragically demonstrated.

2. Structural Risks:

   • Dampness can weaken building fabric, causing rot, decay, and long-term structural issues.

   • Persistent moisture can damage plasterwork, joinery, and insulation, leading to costly repairs.

3. Legal and Financial Risks for Landlords:

   • Non-compliance with Awaab’s Law could result in fines or enforcement notices.

   • Landlords may face claims for compensation from tenants for negligence.

   • Reputation damage can make it harder to let properties in the future.

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The Role of Surveyors in Supporting Landlords

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Surveyors are uniquely positioned to help landlords meet the requirements of Awaab’s Law. Their expertise ensures that issues are correctly identified, diagnosed, and resolved in a way that complies with the law and protects tenants.

1. Accurate Diagnosis of Damp and Mould

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Damp problems can have multiple causes—rising damp, penetrating damp, condensation, plumbing leaks, or defective construction. A surveyor can:

• Carry out detailed inspections to determine the type and source of damp.

• Use specialist equipment such as moisture meters and thermal imaging cameras.

• Provide clear reports with photographic evidence, outlining the problem and recommended solutions.

Accurate diagnosis is essential. Without it, landlords risk spending money on ineffective repairs or failing to solve the problem, leaving tenants exposed to ongoing hazards.

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2. Advising on Remediation Works

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Surveyors can provide practical advice on how to fix issues, which may include:

• Improving ventilation and airflow within the property.

• Repairing or upgrading damp-proof courses.

• Fixing defective gutters, roofing, or plumbing systems.

• Recommending insulation improvements to reduce condensation risk.

• Monitoring works to ensure repairs are completed to the correct standard.

This advice ensures landlords invest in the right solutions and achieve long-term results, rather than quick fixes.

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3. Supporting Compliance with Awaab’s Law

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Surveyors can help landlords demonstrate compliance by:

• Producing written inspection reports with clear timelines.

• Advising on systems for record-keeping, so landlords can show they acted within legal deadlines.

• Providing evidence that can protect landlords if disputes arise.

Having professional, independent advice strengthens a landlord’s position and ensures that their response to damp and mould is both timely and effective.

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4. Preventative Maintenance and Risk Management

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Surveyors can also assist landlords with proactive management, helping to prevent issues before they escalate. This may include:

• Conducting periodic property condition surveys.

• Highlighting areas at risk of damp and mould.

• Advising on planned maintenance strategies.

• Offering training or guidance for property managers and maintenance teams.

This forward-looking approach reduces the likelihood of complaints, keeps tenants safe, and protects landlords from future liability.

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Case Example

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Consider a landlord managing a block of flats. A tenant reports mould growth in a bedroom. Under Awaab’s Law, the landlord must act quickly. Instead of sending only a maintenance operative, the landlord engages a surveyor.

The surveyor discovers that the mould is caused by condensation due to poor ventilation combined with thermal bridging in the wall. They recommend installing mechanical ventilation, insulating the affected wall, and repairing minor defects in the external cladding. The landlord carries out the works, resolving the problem permanently.

This approach ensures compliance with Awaab’s Law, prevents further health risks for tenants, and avoids repeated complaints.

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Benefits for Landlords of Using Surveyors

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Engaging a surveyor is not just about compliance—it also brings wider benefits:

• Reduced Risk: Professional advice lowers the risk of fines, enforcement, or litigation.

• Cost Savings: Accurate diagnosis avoids wasted money on ineffective repairs.

• Improved Tenant Relations: Tenants are reassured when landlords use qualified professionals.

• Better Asset Management: Properties are maintained in good condition, protecting long-term value.

• Reputation Protection: Demonstrating a professional, proactive approach enhances trust.

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Conclusion

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Awaab’s Law marks a turning point in housing regulation, placing clear duties on landlords to act quickly and decisively when tenants report damp and mould. It recognises that these issues are not minor inconveniences but serious health and safety hazards.

For landlords, compliance requires more than just reactive repairs—it demands a structured, professional approach. This is where surveyors provide invaluable support. From accurate diagnosis to remediation advice, compliance documentation, and preventative strategies, surveyors help landlords meet their legal obligations and maintain safe, habitable homes.

By working with surveyors, landlords not only protect themselves from legal and financial risks but also demonstrate a commitment to tenant welfare. In the spirit of Awaab’s Law, this ensures that tragedies like Awaab Ishak’s death are never repeated.