Awaab Ishak was two when he died due to such poor and substandard social housing conditions in Rochdale in 2020. Despite being repeatedly told about the hazardous conditions that Awaab and his family were living in, the landlord failed to act and the family continued to live in a property riddled with damp and mould. In 2023, Awaab’s Law has come in to force to try and avoid a repeat of such a tragic event.
The coroner stated that landlords must take concerns about health and safety seriously, and that residents should not be blamed for the presence of damp and mould in their homes. The government supported this, declaring that such issues should not be pinned on the lifestyle choices of the tenants, such as drying clothes in properties, having hot showers and not airing them properly.
What does this legislation mean going forward?
- Landlords must investigate hazards flagged to them within 14 days and produce a written report, works must then be started within 7 days of that report being written
- The landlord is expected to take primary responsibility for action. If it is later found that the issue was caused by the tenant, the landlord can make claim from the deposit, however fixing the problem is the landlord’s responsibility
- Although aimed at social housing, Awaab’s Law will be transferable to the private rental sector where landlords will be expected to act in the same manner
- This will become a legal requirement with the introduction of the Renters (Reform) Bill, due to come in to effect by April or June 2025.
What this underpins is that landlords must not and cannot fail to do interim inspections at their rental properties. If a tenant fails to flag an issue of damp to a landlord and that small problem grows in to an extensive issue throughout that property, a landlord could and will be faced with the need to take immediate action to rectify those health hazards.
Interim property inspections, at regular times throughout a tenancy, will safeguard a landlord against unexpected hazardous issues arising, the possible misuse of their property and reduce the need for unplanned emergency action. By keeping on top of the condition of a rental property means costs can be controlled and serious problems reduced.
Frequently Asked Questions
When should a landlord do inspections?
- At intervals of every 3 – 6 months throughout a tenancy
Who should do the inspection?
- A landlord can do them but a professional will be sure not to miss small signs of future problems and will know the relevant key points to note
- Also, by asking a provider to schedule them in advance they will not be missed
What will the report flag?
- Any visible damp, mould, condensation, fire, electrical, gas hazards
- Any safety concerns and all items deemed unsafe
- Leaks or pest infestations
- Misuse of a property, i.e. smoking, illegal activities, unexpected tenants, subletting or pets
The observations and information will be written into a detail report with images to support it.
Eclipse Inventories can help with this process so please get in touch with us today. To keep up to date with tips and information about the private rental sector and London lettings market, follow us on Facebook or LinkedIn.