Consultation: Extending Awaab's Law to the Private Rented Sector

The Renters’ Rights Act (RRA) contains measures extending Awaab’s Law to the private rented sector (PRS) and powers to extend it to specified types of accommodation occupied under licence. However, secondary legislation is needed to give effect to these provisions. Through the consultation the government states it is seeking views on how to apply Awaab’s Law in a way that is ‘fair, proportionate and effective for both tenants and landlords’. The timescales for implementation are being considered as part of the consultation.

Awaab’s Law and social housing tenants

For social housing tenants, phase 1 of Awaab’s Law came into force on 27 October 2025. This requires that landlords address all emergency hazards and all damp and mould hazards that present a significant risk of harm to tenants within fixed timeframes. From 30 November 2026, the regulations will be extended to cover the following significant hazards (which are set out in the updated Housing Health and Safety Rating System (HHSRS)):

• Electrical hazards
• Falls (including falls on the level, falls on stairs and falls between levels)
• Fire and explosions
• Excess cold and excess heat
• Structural collapse and falling elements
• Domestic hygiene

In 2027, regulations will be extended to all remaining HHSRS hazards (apart from overcrowding) where they present a significant risk of harm.

The consultation notes that Awaab’s Law requirements for social housing will be used as a starting point, but the consultation is asking whether elements of this approach will need to be modified for the private rented sector. Landlord numbers and portfolio sizes, professionalisation, and repair and maintenance processes are some of the points of difference identified across the two sectors. The consultation states that ‘the vast majority of PRS landlords (94%) let property as a private individual’.

The consultation

Landlords are already under existing legal obligations to carry out certain repairs. However, Awaab’s Law will introduce clear timeframes and processes for dealing with certain hazards by inserting an implied term into PRS tenancy agreements. A failure to comply means a tenant will be able to take their landlord to court for breach of contract.

The consultation, which applies to England only, covers:

• types of hazard covered by Awaab’s Law
• requirements on landlords for investigating potential hazards
• requirements on landlords to take action to address hazards
• the approach and timescales for implementation

The government considers there is a case for taking the same approach as the social rented sector and including all HHSRS hazards except overcrowding.

The consultation is also looking at exclusions and, for example, how the law should operate where the landlord is itself a leaseholder and may not have direct responsibility for the issue which needs addressing. The consultation suggests that where a leaseholder would not be able to carry out repairs themselves ‘Awaab’s Law could instead require that the leaseholder landlord takes reasonable steps to get the freeholder to address the hazard – e.g. reporting the problem to them and requesting that they carry out the repairs to remedy this’. As an alternative, there may be best practice guidance.

In the consultation, the government notes that it considers there is a case for ‘taking a broadly similar approach to social housing by having Awaab’s Law for the private rented sector triggered by either significant hazards (those that pose a significant risk of harm) or emergency hazards (those that pose an imminent and significant risk of harm)’. Another area which the consultation then covers is whether the assessment of hazards for Awaab’s Law for private rented tenancies should focus on the occupiers’ individual circumstances or consider the generic risk posed to a potential resident. Determining the best approach to this issue is identified as ‘likely to be challenging and complex’.

The approach and timescales for investigating, reporting on and repairing significant and emergency hazards are also all covered by the consultation. Views are also sought on whether ‘it will be practical and effective to require private landlords to arrange alternative accommodation if it is not possible to make significant or emergency hazards safe within the required timescales’.

The consultation also considers timeframes for implementing Awaab’s Law in the PRS and whether there should be a phased implementation. The government notes that ‘the earliest feasible implementation date would be 2027’. However, Awaab’s Law is part of a package of measures intended to increase standards in the private rented sector. Other measures which have been implemented or which are on the roadmap include:

• From June 2026 measures in the RRA came into force allowing councils to issue fines of up to £7,000 where a qualifying residential premises contains a category 1 hazard which it would have been reasonably practicable to remove. Hazards are identified by reference to the updated HHSRS.
• The introduction of the PRS Ombudsman to investigate and resolve complaints from PRS tenants (the government’s roadmap for the RRA suggests this will launch in 2028).
• From 2035 an updated Decent Homes Standard will be applied to the PRS for the first time – which will increase obligations on landlords.

With other policy changes such as the PRS Ombudsman planned, the government is seeking views on timescales for implementation.

In addition, the consultation is seeking views on extending Awaab’s Law to three types of accommodation occupied under licence:

• supported housing
• temporary accommodation for homeless households
• care leaver accommodation.

The consultation closes on 18 December 2026.

Comment

For landlords and managing agents, the operational challenges will lie as much in managing information, establishing clear processes and ensuring accountability as in meeting repair deadlines. If the final requirements take account of occupiers’ individual circumstances, effective compliance will depend on identifying vulnerabilities, handling sensitive information appropriately and keeping clear records of investigations, decisions and remedial action. There will also be GDPR considerations where personal data of this nature is held. In certain cases, distinguishing disrepair from tenant-caused damage is likely to add additional complexity. However, professional operators are likely to be best placed to respond to Awaab’s Law requirements and have the necessary teams in place to deal with any issues.

Although not part of the current roadmap, the extension of Awaab’s Law, alongside the PRS database, could in time pave the way for a more transparent system of landlord reporting or grading, drawing on the regulatory scrutiny applied to social housing.