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What impact will ‘Awaab’s Law’ have on damp and mould?
The government has confirmed its plans for ‘Awaab’s Law’, but what will be the impact in reality? James Wilmore reports
On the face of it, Michael Gove appears determined to get to grips with the issue of damp and mould in the housing sector.
Three months since a coroner’s report into the shocking death of two-year-old Awaab Ishak, the housing secretary has committed to bringing in what is being called Awaab’s Law.
It is part of a response to what the coroner in the case, Joanne Kearsley, said should be a “defining moment” for the housing sector.
The key change, through an amendment in the Social Housing (Regulation) Bill, will be that social landlords will have to fix health hazards, including damp and mould, within what the government has said will be “strict new time limits”.
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Awaab’s family has called for this timeframe to be 14 days for a landlord to investigate a problem and seven days to make repairs.
So will this plea become a reality? And what will the law mean for the issue which has put the housing sector in the spotlight?
Firstly, the government is going to consult on the timeframes “later this year”.
Speaking to ITV on the need for a consultation, Mr Gove said: “We want to make sure that what we can legislate for is deliverable and we want to talk to the professionals who will be involved in delivering it.”
He added: “It seems to me that the timescales outlined by the family and campaigners seem reasonable, so there would have to be a very strong case made by anyone to move away from that.”
Once the consultation is concluded and a decision is made, the change will be introduced through secondary legislation.
With the Social Housing (Regulation) Bill due to be law by the summer and Awaab’s Law expected to be introduced within six months of that, the changes could be in place by the end of the year.
But there are some concerns about the impact of short timescales. Damp and mould can be difficult to fix quickly, especially if the problem is the result of defects with the property or overcrowding.
Jon Slade, a director at Campbell Tickell, the consultancy, says: “There are no simple solutions to complex problems. Many instances of protracted damp, mould and condensation are not easy to solve.”
But he adds: “What any new legislation will do is increase the prominence of the issue.”
Matt Cowen, a senior associate at Winckworth Sherwood, a law firm that acts for housing associations, agrees and believes the sector is taking the damp and mould issue seriously. “My general sense from stakeholders is the sector is absolutely committed to making sure the damp and mould failures aren’t repeated.”
Simon Mullings, housing team leader at Hammersmith and Fulham Law Centre and co-chair of the Housing Law Practitioners’ Association, says the government will need to put clauses into the legislation which may make enforcement difficult.
“[The government] will have to build in escapes that will make it very difficult to enforce anyway. Imagine if you’ve got a tenant who either deliberately, or not deliberately, is not allowing access. Then obviously there’s got to be an escape to that. But that’s just one example,” he says.
Nevertheless, the fact that “fixed” timescales are being brought in is significant, according to Giles Peaker, a partner at Anthony Gold Solicitors. Currently, under the Homes (Fitness for Human Habitation) Act 2018, once a landlord has been notified of a problem, they have a “reasonable time” to carry out works, says Mr Peaker, but this time is not specified.
Mr Peaker expects the social housing sector to push against the 21-day period suggested by the family.
“I would anticipate social landlords to kick back against that very strongly,” says Mr Peaker. “But if Mr Gove is still there driving it, they will be up against it.”
The Awaab’s Law changes are expected to be included as covenants in leases, meaning tenants will be able to take legal action against their landlord if they do not comply. As Mr Gove has said, “Landlords will have to face up to their responsibilities or face being in the courts.”
Mr Mullings highlights another problem here: tenants’ access to legal aid. “Legal aid is barely available. There’s massive advice deserts all over the country,” he says.
In public, the sector’s trade bodies appear to be keeping their powder relatively dry about how they might respond.
In a statement, Kate Henderson, chief executive of the National Housing Federation, says housing associations support the development of “specific commitments” for tackling issues like damp and mould, including “timescales where appropriate”.
She adds: “Tenants should know very clearly what to expect from their landlord when they are faced with a problem in their home. Housing associations want to work with the government and tenants on the legislation and guidance needed to deliver these commitments.”
Gavin Smart, chief executive of the Chartered Institute of Housing (CIH), echoes these comments. “The CIH and our members look forward to working with the government on the legislation and guidance needed to deliver these important commitments.”
Similar to the way that Mr Gove has tackled the building safety crisis, he is not afraid to make grand statements and follow them up by attempting bold action. As a former journalist, he knows how to land a message in the media.
It’s just a question of how much of that makes a difference.
Mr Mullings concludes: “On the face of it, it’s an assertive piece of legislation. I just wonder if it’s theatre rather than real life.”
