By October 2025, roughly 4.6 million households in England's private rented sector were already living under tighter housing standards — yet Phase 1 of Awaab's Law only scratched the surface. Awaab's Law Phase 2, expected in October 2026, is set to expand timed-response obligations far beyond damp and mould, bringing the full weight of the Housing Health and Safety Rating System (HHSRS) hazards into play for private landlords and surveyors alike.
If you let property in Kent — Canterbury, Maidstone, Folkestone, or anywhere in between — or if you advise landlords as a letting agent or chartered surveyor, this is the legislation you cannot afford to misunderstand. The clock is already ticking, and the landlords who prepare now will be the ones who avoid enforcement action, compensation claims, and reputational damage later.
Key Takeaways 📌
- Phase 1 (October 2025) introduced timed-response duties for damp and mould in social housing; Phase 2 (expected October 2026) extends these obligations to the private rented sector and a much wider set of HHSRS hazards.
- The HHSRS covers 29 hazard categories, including excess cold, fire, electrical hazards, structural collapse, and hygiene risks — all likely to fall within Phase 2 scope.
- Response timescales under Phase 1 (10-working-day investigation, 7-day repair start, 24-hour emergency response) are the benchmark for what Phase 2 will demand.
- Chartered surveyors play a critical role in producing HHSRS-style hazard assessments that protect landlords legally and practically.
- Action taken now — condition surveys, complaint logs, contractor SLAs — will be far less costly than reactive compliance after October 2026.
Table of Contents
- What Is Awaab's Law? A Quick Recap
- Phase 1 in Practice: What Changed in October 2025
- Awaab's Law Phase 2 October 2026: HHSRS Hazards and Private Landlords
- The 29 HHSRS Hazard Categories: What Phase 2 Could Cover
- The Renters' Rights Act and the Private Rented Sector
- Practical Steps for Kent Landlords Right Now
- The Surveyor's Role: HHSRS Assessments and Hazard-Rating Reports
- Risks of Non-Compliance: Enforcement, Ombudsman, and Compensation
- FAQ
- Conclusion
What Is Awaab's Law? A Quick Recap {#what-is-awaabs-law}
Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in December 2020 from a respiratory condition caused by prolonged exposure to mould in a social housing flat in Rochdale. The subsequent inquest and Housing Ombudsman investigation exposed systemic failures by landlords to act on reported hazards in reasonable time.
The law was introduced through the Social Housing (Regulation) Act 2023, inserting new provisions into the Landlord and Tenant Act 1985. Its core principle is simple: when a tenant reports a hazard, the landlord must investigate and act within defined timeframes — not at their own convenience.
"Landlords must take responsibility for the condition of their properties. Awaab's Law makes that responsibility enforceable, not aspirational." — Housing Ombudsman Service
Phase 1 in Practice: What Changed in October 2025 {#phase-1-in-practice}
Phase 1 came into force in October 2025 for social housing providers. It introduced legally binding response timescales specifically for damp and mould hazards:
| Trigger | Required Action | Timescale |
|---|---|---|
| Tenant complaint about damp/mould | Investigation begins | Within 10 working days |
| Significant hazard identified | Repair work starts | Within 7 calendar days |
| Emergency hazard (risk to life) | Emergency response | Within 24 hours |
These timescales are not targets — they are legal obligations. Failure to meet them exposes landlords to enforcement action by the Regulator of Social Housing and potential compensation claims.
Phase 1 was deliberately scoped to social housing first, giving the government time to assess implementation before extending duties to the private rented sector. That extension is what Phase 2 is all about.
Awaab's Law Phase 2 October 2026: HHSRS Hazards and Private Landlords {#phase-2-hhsrs-hazards}
The government has signalled that Awaab's Law Phase 2, expected in October 2026, will extend timed-response obligations to private landlords and will expand the hazard categories covered well beyond damp and mould. The vehicle for this expansion is the Renters' Rights Act, which received Royal Assent in 2025 and fundamentally reshapes the private rented sector.
⚠️ Important caveat: The October 2026 date is the government's stated expectation. Secondary legislation and statutory guidance are still being developed, and timescales may shift. Landlords and surveyors should frame their planning around "expected October 2026" rather than treating it as a fixed deadline — but preparation should begin immediately regardless.
The expansion is expected to bring HHSRS hazards into the timed-response framework. The HHSRS — introduced under the Housing Act 2004 — is the primary tool used by local authorities to assess housing conditions. It covers 29 distinct hazard categories grouped into physiological, psychological, protection against infection, and protection against accidents.
For Kent landlords and their advisors, this means the scope of compliance obligations is about to grow dramatically.
The 29 HHSRS Hazard Categories: What Phase 2 Could Cover {#hhsrs-hazard-categories}
The HHSRS does not treat all hazards equally. It uses a risk-scoring system that weighs the likelihood of harm against its severity. Hazards are classified as either Category 1 (serious and immediate risk) or Category 2 (less urgent but still significant).
Under Phase 2, the following hazard groups are most likely to attract timed-response obligations:
🔥 Physiological Hazards
- Excess cold — inadequate heating, poor insulation (a major issue in Kent's older housing stock)
- Excess heat — overheating in poorly ventilated properties
- Damp and mould (already covered under Phase 1)
- Asbestos and MMF — legacy materials in pre-1980s properties
⚡ Protection Against Accidents
- Electrical hazards — faulty wiring, overloaded circuits, unsafe consumer units
- Fire — inadequate means of escape, missing smoke/CO detectors, combustible materials
- Falls on stairs — broken banisters, uneven treads
- Structural collapse — roof failure, wall instability, subsidence
🚿 Protection Against Infection
- Hygiene and sanitation — inadequate WC facilities, contaminated water supply
- Food safety — insufficient kitchen facilities
- Domestic hygiene, pests, and refuse — pest infestation, inadequate waste disposal
🧠 Psychological Hazards
- Crowding and space — overcrowding creating stress and health risks
- Lighting — insufficient natural or artificial light
- Noise — inadequate sound insulation
A full building survey conducted by a chartered surveyor can identify and document hazards across all these categories, providing landlords with the evidence base they need for compliance.
The Renters' Rights Act and the Private Rented Sector {#renters-rights-act}
The Renters' Rights Act 2025 is the legislative framework through which Awaab's Law Phase 2 will be applied to private landlords. Key provisions relevant to housing standards include:
- Abolition of Section 21 'no-fault' evictions — tenants now have greater security, meaning they are more likely to report hazards without fear of retaliatory eviction
- Decent Homes Standard extended to the private rented sector for the first time
- New ombudsman scheme for private landlords, mirroring the Housing Ombudsman's role in social housing
- Awaab's Law provisions extended to private tenancies via secondary legislation
According to Shelter, approximately one in five private renters in England lives in a home with a Category 1 HHSRS hazard. In Kent, where a significant proportion of the housing stock pre-dates 1945, that figure may be even higher. The National Residential Landlords Association (NRLA) has urged the government to provide clear guidance and sufficient lead time for private landlords to prepare — a reasonable ask given the scale of the change.
Practical Steps for Kent Landlords Right Now {#practical-steps-landlords}
You do not need to wait for October 2026 to start preparing. In fact, waiting is the worst strategy. Here is what I recommend landlords do immediately:
1. Commission a Condition Survey or HHSRS-Style Inspection 🏠
A professional stock condition survey gives you a baseline assessment of every property in your portfolio. It identifies existing hazards, prioritises them by severity, and creates a documented record that demonstrates your commitment to compliance.
For individual properties, a RICS home survey or full building survey will surface structural, electrical, and environmental issues before they become enforcement matters.
2. Set Up a Formal Complaint and Repair Log 📋
Under Awaab's Law, the clock starts ticking when a tenant reports a hazard. Your complaint log must record:
- Date and time of report
- Nature of the hazard described
- Actions taken and dates
- Contractor instructed and response time
- Outcome and sign-off
A simple spreadsheet or property management software will do — but it must be consistently maintained.
3. Establish Contractor Service Level Agreements (SLAs) 🔧
The 24-hour emergency response requirement is only achievable if you have pre-agreed SLAs with contractors for emergency works. Review your current contractor relationships now. Can your electrician respond within 24 hours? Can your roofer? If not, find ones who can.
4. Review Your Heating Systems and Insulation
Excess cold is one of the most common Category 1 HHSRS hazards in Kent's older housing stock. Check that every property has:
- A functioning, controllable heating system
- Adequate loft and wall insulation
- No draughts from failed window seals or door frames
A specialist defect survey can pinpoint thermal performance issues before they become enforcement notices.
5. Check Electrical Installation Condition Reports (EICRs)
EICRs are already mandatory for private landlords every five years. Under Phase 2, electrical hazards will likely trigger timed-response obligations. Ensure your EICRs are current and that any remedial actions have been completed and documented.
The Surveyor's Role: HHSRS Assessments and Hazard-Rating Reports {#surveyor-role}
For chartered surveyors working with Kent landlords, Awaab's Law Phase 2 October 2026 HHSRS hazards represent both a professional responsibility and a significant service opportunity. Here is how surveyors can add real value:
Formal HHSRS Hazard-Rating Assessments
While local authorities use the HHSRS to assess properties for enforcement purposes, private surveyors can conduct HHSRS-style assessments that landlords commission proactively. These reports:
- Score each hazard using the HHSRS methodology
- Distinguish Category 1 from Category 2 hazards
- Recommend remedial actions with priority ratings
- Create a defensible paper trail for landlords
This is especially valuable for landlords with larger portfolios, where systematic assessment is essential.
Expert Witness and Dispute Support
If a tenant raises a formal complaint or a local authority issues an improvement notice, surveyors can provide expert witness evidence. A well-documented hazard assessment prepared before a dispute arises is far more persuasive than one commissioned after the fact.
Damp and Defect Investigations
Given that damp remains the most commonly reported hazard, surveyors should be prepared to provide detailed damp survey reports that distinguish between condensation, rising damp, and penetrating damp — each of which has different remediation requirements and different implications under the HHSRS.
Risks of Non-Compliance: Enforcement, Ombudsman, and Compensation {#risks-non-compliance}
The consequences of failing to meet Awaab's Law Phase 2 obligations are serious:
| Risk | Consequence |
|---|---|
| Local authority enforcement | Improvement notices, prohibition orders, civil penalties up to £30,000 |
| Housing Ombudsman referral | Compensation awards, mandatory remediation orders |
| Tenant legal action | Damages for breach of statutory duty, rent repayment orders |
| Reputational damage | Negative publicity, difficulty attracting tenants |
The Housing Ombudsman's 2024 Spotlight Report on Damp and Mould found that landlords who failed to keep adequate records were significantly less able to defend themselves against complaints — even when they had taken reasonable action. Documentation is not bureaucracy; it is your legal defence.
The NRLA has consistently argued that enforcement should be proportionate and that landlords who act in good faith should be protected. But good faith must be evidenced — and that evidence comes from surveys, logs, and contractor records.
FAQ {#faq}
Q: Does Awaab's Law Phase 2 definitely apply to private landlords from October 2026?
A: The government has signalled October 2026 as the expected roll-out date for private landlords under the Renters' Rights Act framework. However, secondary legislation is still being finalised. Treat October 2026 as a planning target, not a guaranteed date — but begin preparation now.
Q: Which HHSRS hazards are most likely to be prioritised under Phase 2?
A: Based on government consultations and the HHSRS risk framework, Category 1 hazards — including excess cold, fire, electrical hazards, and structural risks — are most likely to attract the strictest timed-response obligations. Damp and mould remain in scope from Phase 1.
Q: Do I need a chartered surveyor to comply with Awaab's Law?
A: There is no legal requirement to commission a surveyor, but doing so provides a defensible, professional assessment of your property's condition. This is particularly important for older properties or those with complex defects. A building survey or stock condition survey is one of the most effective tools available to landlords.
Q: What is the difference between a Category 1 and Category 2 HHSRS hazard?
A: Category 1 hazards represent a serious and immediate risk to health or safety. Local authorities have a duty to act on Category 1 hazards. Category 2 hazards are less severe, and local authorities have a power (but not a duty) to act. Under Phase 2, Category 1 hazards are most likely to trigger the strictest response timescales.
Q: How does the new private landlord ombudsman scheme work?
A: Under the Renters' Rights Act, all private landlords in England will be required to join a government-approved ombudsman scheme. Tenants will be able to refer unresolved complaints to the ombudsman, who can award compensation and require remediation — similar to the existing Housing Ombudsman scheme for social housing.
Q: I only let one property in Kent. Does this still apply to me?
A: Yes. Awaab's Law Phase 2 is expected to apply to all private landlords regardless of portfolio size. Small-scale landlords are not exempt. The practical implications may be less complex for single-property landlords, but the legal obligations will be the same.
Conclusion {#conclusion}
Awaab's Law Phase 2, expected in October 2026, is not a distant regulatory concern — it is an imminent operational reality for every private landlord and letting agent in Kent and across England. The expansion of timed-response obligations to cover the full range of HHSRS hazards, including excess cold, fire, electrical risks, and structural issues, represents the most significant shift in private rented sector standards in a generation.
The landlords who will navigate this change successfully are those who act now: commissioning professional condition surveys, establishing robust complaint and repair logs, securing contractor SLAs, and working with chartered surveyors to produce defensible HHSRS-style hazard assessments.
Your Action Plan for 2026 ✅
- Book a condition survey or HHSRS-style inspection for every property in your portfolio before summer 2026
- Set up a formal complaint log and train anyone who manages your properties to use it consistently
- Review and upgrade contractor SLAs to meet 24-hour emergency response requirements
- Check all EICRs, gas safety certificates, and heating systems are current and documented
- Consult a chartered surveyor for any property with known or suspected defects — especially older Kent stock
- Monitor gov.uk and NRLA guidance for updates to the Phase 2 implementation timeline
The cost of a professional survey today is a fraction of the cost of an enforcement notice, a compensation award, or a damaged landlord-tenant relationship tomorrow. For expert HHSRS-focused surveys and hazard assessments across Kent and the South East, our chartered surveyors are ready to help you get ahead of the October 2026 deadline.
References
- Housing Ombudsman Service. (2024). Spotlight on: Damp and Mould — It's Not Lifestyle. Available at: housing-ombudsman.org.uk
- Shelter. (2023). Private Renters and Housing Conditions in England. Available at: shelter.org.uk
- UK Government. (2023). Social Housing (Regulation) Act 2023. Available at: legislation.gov.uk
- UK Government. (2004). Housing Act 2004 — Housing Health and Safety Rating System. Available at: legislation.gov.uk
- UK Government. (2025). Renters' Rights Act 2025. Available at: legislation.gov.uk
- National Residential Landlords Association. (2025). Awaab's Law and the Private Rented Sector: NRLA Guidance. Available at: nrla.org.uk
- UK Government. (2025). Awaab's Law: Guidance for Social Landlords (Phase 1). Available at: gov.uk
