Agenda item

The Director of Housing submits a report outlining the requirements of Awaab’s Law and setting out the division’s arrangements to comply with the regulations underpinning Awaab’s law.

The Director of Housing submitted a report to the Commission outlining the requirements of Awaab’s Law and set out the division’s arrangements to comply with the regulations underpinning Awaab’s law.

The Head of Service for Housing presented the item and the following was noted:

• Phase 1 of Awaab’s Law came into force on 27th October 2025 with accompanying non-statutory guidance.
• The legislation represented a significant change for social landlords, particularly in relation to damp and mould hazards, with a focus on tenant safety and managing health and safety risks. Statutory response times of 24 hours, 5 working days and 10 working days were highlighted
• From October 2026 Phase 2 of the regulations would be extended to cover hazards which presented a significant risk of harm, including excess cold and heat, falls, fire and electrical hazards, domestic and personal hygiene and food safety.
• In 2027, Phase 3 of the regulations would cover all Housing Health and Safety Rating System (HHSRS) hazards, apart from overcrowding where they presented a significant risk of harm.
• Social Landlords were required to investigate potential emergency hazards and, if confirmed, undertake relevant safety work within 24 hours to make the property safe.
• Potential significant hazards were required to be investigated within 10 working days.
• Tenants would receive a written summary of findings within 3 working days of an investigation concluding.
• If a significant hazard was identified, safety work would begin within 5 days, and further follow on works must have started within 12 weeks of the hazard being made safe.
• Implementation had taken place during a period of high demand, particularly due to increased reporting and seasonal cold weather.
• The Council’s approach focused on identifying root causes of issues through a range of repair responses, ensuring properties were made safe and enabling resources to be targeted effectively to meet legislative requirements. It was noted that processes, governance and oversight arrangements had been adapted to support delivery.
• Performance data indicated that 90% of emergency damp and mould cases had been responded to within the 24 hour timeframe. A revised approach aimed to ensure cases were assessed and reported within 3 days.
• Members were advised that a dedicated damp and mould team had been established, supported by additional budget growth of £170k to recruit cleaning staff to address immediate risks.
• The revised process, implemented from October 2025, required tenants to report issues online or via telephone where necessary. All reports were assessed to identify root causes and consider tenant vulnerabilities, supported by a vulnerability matrix. Cases were categorised as emergency or significant hazards, with required response times applied accordingly. It was confirmed that properties were made safe within 24 hours where required, and that temporary accommodation could be offered, although this had not been required to date.
• Demand had increased significantly beyond initial expectations. The phased approach had supported prioritisation of emergency hazards and enabled capacity to be built. Additional funding had been directed towards contractors and resources to support compliance, with a hybrid delivery model in place combining internal teams and external contractors.
• Improvements to communication processes were outlined, including work to support tenants in preventing damp and mould and to improve access and engagement. Joint working across housing, social care and other services was taking place to ensure risks were understood and managed effectively.
• Ongoing work included reviewing processes to ensure compliance, regular reporting to the senior management team, and engagement with the Tenant Scrutiny Panel. Training and e-learning programmes had also been introduced to improve staff understanding of damp and mould risks.
• Progress since October 2025 had supported delivery of initial requirements and positioned the Council to meet future phases, with a continued commitment to improvement in response to demand and resource pressures.

In discussions with Members, the following was noted:

• Demand had increased and this may reflect previous under reporting of damp and mould issues. Information was available via the Council website outlining how tenants could report issues, supported by ongoing engagement, involvement of the Tenant Scrutiny Panel, and the development of literature to improve awareness and prevention.
• It was noted that a proportion of reported cases related to condensation rather than structural damp, although these still required investigation and resource to address within the required timescales, with additional work undertaken to address non-structural contributing factors.
• The challenges associated with damp and mould were highlighted, including the impact of overcrowding and limited ventilation within properties. While tenant behaviour could not be relied upon from a regulatory perspective, there remained a need to support and educate residents on preventative measures, particularly in the context of cost-of-living pressures.
• Concerns were raised regarding the potential long-term impact of external wall insulation and the importance of adequate ventilation. It was noted that the most severe cases represented a small proportion of overall reports, with approximately 1% identified as high level cases, and that no cases had required alternative accommodation to date.
• It was confirmed that medical needs, including those linked to damp and mould, were taken into account within housing priority banding, and that in severe cases tenants could be decanted and supported to move where necessary. It was also noted that overcrowding remained a significant factor in housing demand, and that assessments considered what was reasonable within the context of household circumstances.
• It was queried whether the requirements of Awaab's Law would extend to private with implementation for the private sector anticipated around 2027.
• Concerns were raised regarding specific property types and areas with known ventilation issues, including whether there was a proactive approach to identifying and addressing these, and whether sufficient interventions such as dehumidifiers were being provided where required. It was reported that approximately 3400 property inspections had been completed, enabling identification of property types more prone to damp and mould and supporting targeted planned maintenance programmes.
• It was noted that specialist treatments, including spray systems such as TIC Mould Control designed to eliminate mould spores, were being used and had shown positive results in preventing recurrence.
• It was highlighted that damp and mould cases could take time to resolve, often requiring multiple visits to accurately diagnose and treat the issue, and that cases remained open until fully resolved.

AGREED:

1)    That the Commission note the report.

2)    Information would be shared with Members to support wider communication on damp and mould issues.