Seeking redress through the landlords’ complaints procedure, the Housing Ombudsman and/or other alternative dispute resolution is likely to ensure the issue is addressed much more quickly and cheaply than pursing court action. Landlords should therefore provide clear communication on how tenants can pursue these routes potentially avoiding unnecessary delays and expense for both parties.

11.1 Social landlord complaint procedure

It may be possible to resolve issues before taking further action which is likely to save time and costs for both parties. We would encourage tenants to try and resolve concerns through the social landlord’s formal complaints procedure in the first instance.

This is also encouraged as a form of alternative dispute resolution in the Pre-Action Protocol, which is a set of rules under the UK Civil Procedure that outlines the steps parties must take to exchange information and try to resolve disputes before taking court action. A court may require evidence that this alternative means of resolving the dispute was followed first.

Landlords should follow the Housing Ombudsman’s Complaint Handling Code which sets out best practice for landlord’s complaint handling procedures, to enable a positive complaints culture across the social housing sector.

11.2 Pre Court action

The Pre-Action Protocol for Housing Conditions Claims relates to claims by tenants and others in respect of poor housing conditions. It is intended to encourage the exchange of information between parties at an early stage and to provide a clear framework within which parties in a housing conditions claim can attempt to achieve an early and appropriate resolution. It sets out the steps the parties should take to avoid unnecessary court action, whilst ensuring remedial works are completed quickly and tenants receive any compensation to which they are entitled.

If court action does take place, the court will expect both the social landlord and the tenant to have complied with the Protocol and will consider non-compliance when making orders for costs. This could include ordering the party at fault to pay the other party’s costs.

Tenants should make sure that their social landlords are aware of the disrepair before using the Protocol, but they do not need to have gone through their social landlord’s formal complaint procedure, or a Housing Ombudsman investigation. The timelines for repairs under Awaab’s Law will not usually run simultaneously to those in the protocol as the protocol is intended for those cases where, despite the landlord’s knowledge of the poor conditions, matters remain unresolved. However, the Ombudsman can issue a determination in cases where the Pre-Action Protocol has been commenced but no formal legal proceedings have been issued.

Court action should not usually get in the way of social landlords taking action on repairs and landlords should continue to make every effort to resolve outstanding issues with the tenant. Tenants and social landlords can, and should, continue to engage on repair works to make the property safe, even if legal proceedings are underway, or a complaint is with the Housing Ombudsman.

11.3 Housing Ombudsman Service

The Housing Ombudsman Service provides an independent and impartial service to investigate complaints against registered providers of social housing in England and other member landlords. Named tenants can ask the Ombudsman to investigate a complaint if they have completed their social landlord’s internal complaints process and the issue has not been resolved, or if the social landlord is not responding to a complaint. The Housing Ombudsman will adjudicate cases that involve disputes regarding compliance with Awaab’s Law using their usual powers and following their usual processes. They will investigate a complaint and determine if the social landlord has been responsible for maladministration while carrying out its functions.

Prior to investigation, the Ombudsman will make any enquiries it considers necessary to resolve a complaint. Landlords should keep accurate records to support this. An Ombudsman investigation may focus on the substantive issues and how a complaint has been handled. They will consider whether a social landlord has complied with, or given due regard to, all relevant legislation, including all aspects of Awaab’s Law.

If a tenant has made a complaint to their social landlord or to the Housing Ombudsman, social landlords should continue to respond through their own complaint’s procedure, and the Housing Ombudsman can continue their investigation.

11.4 Courts

Awaab’s Law implies terms into all social tenancy agreements, whether existing or new. These terms require social landlords to comply with all requirements set out in the regulations. If social landlords do not comply, named tenants can take legal action through the courts for breach of contract. Social landlords cannot remove the implied term from contracts. The Regulations provide that any term of a tenancy agreement that seeks to circumvent the Awaab’s Law requirements is void.

If social landlords comply with Awaab’s Law requirements, there should be no need for tenants to resort to court action, which can be stressful, costly and time-consuming for both tenants and social landlords.

If a case does reach the court, and the social landlord is found to be in breach, the court can order the social landlord to:

a) do the repairs b) pay compensation to the tenant, and/or
c) pay some or all of the tenant’s legal costs

Awaab’s Law does not provide for fines to be imposed on social landlords. The court can award the tenant damages as compensation for loss suffered. Court action should be a last resort, and the court may ask for evidence that alternative means of resolving the dispute have been considered.

When multiple avenues are used to resolve a dispute between tenants and landlords, each will take into account the outcomes of previous processes, including any compensation already awarded. Therefore, duplicate compensation for the same issue shouldwill not be granted. For example, if the Housing Ombudsman has already addressed a complaint and awarded compensation, any subsequent court proceedings will consider that prior award when making their decision.

11.5 The Regulator of Social Housing

Unlike the Housing Ombudsman, the Regulator of Social Housing does not have a role in determining individual complaints. Instead, the Regulator’s role involves setting standards which describe the outcomes that registered providers must deliver and holding them to account for meeting those outcomes. The Regulator looks at the performance of the registered provider as a whole, rather than focusing on issues experienced by individual tenants. The Regulator has a range of tools available, including a suite of enforcement powers, which they can use where a provider is unable or unwilling to meet its standards.

On 1 April 2024, a revised set of consumer standards came into force. These include expectations for registered providers on health and safety and repairs as well as providing homes that are decent, safe and well-maintained. Requirements under Awaab’s Law complement those in the Regulator’s consumer standards (PDF, 313 KB).

Whilst the regulator does not have a role in resolving individual issues, if social landlords consider themselves to be in breach, or if a tenant or other party considers the landlord to be in breach, of the requirements under Awaab’s Law, they should consider whether the breach constitutes a material failure to deliver the outcomes required by the Regulator’s standards and refer to the Regulator if so. Where the Regulator considers a provider has significantly failed to deliver the outcomes required by its standards it may take action.