Where an investigation has found that a home is affected by a significant hazard and it, or a subsequent investigation, identifies relevant safety work or relevant supplementary preventative work, the social landlord must, within 5 working days of the investigation concluding, complete relevant safety work (using temporary measures if necessary) and, within 5 working days of the investigation that identifies relevant supplementary preventative work concluding, begin or take steps to begin any relevant supplementary preventative work to ensure the hazard does not recur.

Requirements relating to the beginning of relevant supplementary preventative work apply to emergency hazards in the same way that they apply to significant hazards, although there is a separate, shorter, remediation period to complete relevant safety work to address emergency hazards as set out in section 3.3.

Before beginning any works, social landlords should consider making clear records of the issue causing the hazard, including photographic evidence where necessary; for example, taking photos or samples of mould spores before removing them. Social landlords should not expect tenants to undertake work to make their properties safe themselves.

The 5 working day period begins from the day after the investigation concludes (even if the investigation concludes before the end of the 10 working day window for completing the investigation). Once the relevant safety work has been completed, the social landlord must ensure the property is kept in the condition it is in when the relevant safety works are completed until relevant supplementary preventative work is completed.

7.1 Cladding

Awaab’s Law does not cover cladding work. This is because remediating unsafe cladding is usually a longer-term project, and not an emergency repair. Instead, landlords have longstanding legal duties to assess and manage fire safety risks at their building under the Regulatory Reform (Fire Safety Order) 2005. Where a landlord identifies unsafe cladding, they must act to make the property safe. This might include carrying out remedial work to remove or replace the cladding.

Social landlords can access government remediation funding where the cost would otherwise fall on leaseholders or freeholders, or where completing the work would threaten the landlord’s financial viability. Further information on funding can be found within Building Safety Fund guidance for new applications from July 2022 – GOV.UK or Cladding Safety Scheme – GOV.UK.

If the unsafe cladding creates an immediate risk of fire and/or smoke spread, which would place residents at risk if they did not quickly evacuate the building, then landlords may be able to manage this risk by:

• temporarily changing the building’s evacuation plan (for example, switching from a “stay put” to a “simultaneous evacuation” strategy) until remediation work is complete
• putting interim measures in place (e.g., a waking watch patrol) to support the change in evacuation strategy, or
• providing residents with safe alternative accommodation until the remedial work is done

If a fire safety hazard where cladding is a relevant factor is reported to the social landlord, they are still required to carry out other requirements of Awaab’s Law, including the requirement to investigate and carry out other relevant safety works (outside of cladding) to make the property safe and to keep the tenant updated.

Social landlords should also consider on a case by case basis whether it would be necessary or appropriate to do any smaller scale or isolated cladding work to address other hazards (for example to improve insulation to address a damp and mould hazard), and should complete these in line with wider policies, procedures and existing duties to keep homes safe and make repairs.

7.2 Beginning further required works

If the investigation concludes there is a significant hazard or an emergency hazard, the social landlord must begin relevant supplementary preventative works within 5 working days of the investigation concluding. Relevant supplementary preventative works are any required works to prevent the hazard from recurring as far as possible (other than cladding remediation).

There may be circumstances where it is not reasonably practicable to begin the relevant supplementary preventative work within 5 working days, for example:

• if the social landlord is unable to secure specialist workers to attend the property within 5 working days
• if the social landlord is unable to secure the required materials for relevant supplementary preventative work within 5 working days
• if the social landlord is unable to secure required approvals, for example from local authority building control or Building Safety Regulator, within 5 working days. In cases where approval from the Building Safety Regulator is needed to undertake repairs and required works, the social landlord should make an application to the Building Safety Regulator as soon as reasonably practicable
• if the social landlord is unable to contract necessary detailed surveys or assessments such as a fire risk assessment or a structural survey within 5 working days

In these circumstances, the social landlord must take steps within 5 working days of the investigation concluding to arrange the completion of the relevant supplementary preventative works as soon as reasonably practicable and within 12 weeks. For example, by securing an appointment for further specialist investigation or securing specialist contractors for works.

As soon as reasonably practicable means that action must be taken as quickly as it reasonably can be, taking into account relevant circumstances such as the availability of materials and labour.

7.3 Completion of further required works

The social landlord must satisfactorily complete any relevant supplementary preventative works within a reasonable time. What is “reasonable” will depend on the circumstances of individual case and should reflect the nature of the problem, tenants’ needs and the scale of relevant works required. Landlords may wish to follow up with tenants after work has been completed to ensure issues have been fully resolved.

Social landlords must ensure work is carried out to the required standard, by appropriately qualified staff or contractors and not create any further issues as a result of completing required safety works. For example, improving ventilation to rectify damp and mould should not damage the compartmentation of the property, which would cause a potential fire safety hazard. Social landlords are responsible for securing relevant sign offs and approvals.

7.4 Exceptions to required works

Required works are subject to limited exceptions, including:

• if the significant or emergency hazard results from damage by accidents or ‘acts of god’ (e.g. fires, storms, floods), from which social landlords are already exempt from repairing obligations under existing legislation
• if the social landlord cannot lawfully carry out the works due to a lack of approval, for example if they have not been able to get building control approval from the local authority or Building Safety Regulator or any other approval required before undertaking the work, for example from the freeholder of the building
• if the social landlord cannot, for another reason, lawfully carry out the works
• if the lessee is liable for the work by virtue of their duty to use the premises in a tenant-like manner (or equivalent express covenant)
• any work to repair or maintain anything that the tenant is entitled to remove from the property e.g. white goods belonging to the tenant

Where an exception applies, the work is not required under Awaab’s law. However, the social landlord should still consider how best to support tenants. They may have obligations to act under their existing policies, procedures or other legislation, and should continue to fulfil their existing duties to keep homes safe and make repairs.

7.5 Hazards that are out of scope of Awaab’s Law or that cannot be resolved

There may be occurrences where an investigation under Awaab’s Law identifies a significant or emergency hazard but there is no required work under Awaab’s Law or the hazard is not in scope of Awaab’s Law, for example because it is due to a deficiency in neighbouring land for which the landlord is not responsible. In these cases the social landlord is not required under Awaab’s Law to temporarily or permanently rehouse the tenants. However, the social landlord may have other legal and regulatory obligations in these circumstances, outside of Awaab’s Law, and may consider temporarily rehousing to keep the tenants safe from dangerous hazards whilst sourcing a new permanent home. If tenants are reallocated to another permanent home, the social landlord should make sure the tenants have the same tenancy rights, and the new property is suitable in terms of size and proximity to the tenants’ original home, schools or places of work.

It is not government’s intention for Awaab’s Law to be used as a mechanism to permanently rehouse tenants for other purposes, for example estate regeneration.

7.6 Use of contractors

Under Awaab’s Law, social landlords are required to meet the requirements set out in the Regulations. When engaging contractors or managing agents, landlords retain full responsibility for ensuring compliance with these regulations and any other legal obligations. It is advisable for landlords to review existing contractor agreements to confirm they are consistent with the obligations imposed by Awaab’s Law.

Social landlords should ensure that any contractors they employ for repairs under Awaab’s Law:

• treat tenants with respect
• are aware of any timeframes social landlords are under a statutory duty to meet
• provide social landlords with any relevant information required for written summaries in a timely manner
• report to social landlords any safeguarding or health and safety concerns they become aware of when visiting a property
• ensure works completed to rectify the hazard do not cause further issues
• report to social landlords any hazards or potential hazards they identify (beyond those being directly addressed) when visiting a property