Awaab’s Law is heading for the private rented sector – start preparing

While Awaab’s Law currently applies to social housing, the Renters’ Rights Act will soon extend it to the private rented sector, requiring landlords to fix significant health hazards within strict timeframes.

We’ve previously looked at the tragic background of Awaab’s Law; now let’s focus on practical ways to prepare for the upcoming change. Although the government has yet to set a date or issue specific instructions for private landlords, it’s worth planning ahead to maintain good homes for your tenants and avoid legal disputes.

What we know so far

Awaab’s Law will apply to private rented homes as part of Phase 3 of the Renters’ Rights Act. It will be largely enforced in line with the approach taken for social housing – once tenants inform landlords of issues such as severe damp or a burst pipe, they must investigate and fix the problems within set timeframes. If the work can’t be completed on time, landlords must provide suitable alternative accommodation at their own expense.

And if landlords don’t follow the new rules? Tenants can challenge them through the court, which can order them to resolve the issue or pay compensation. Alternatively, tenants can complain to their landlord and, if dissatisfied with the response, contact the new PRS Landlord Ombudsman.

How to prepare for Awaab’s Law

Here’s a list of things to start working on.

1. Stay proactive with your property checks

Instead of waiting for your tenants to complain about, say, a patch of damp in a bathroom, regularly visit your properties to tend to any issues. Plan to inspect homes before winter sets in, and don’t ignore problems such as minor leaks, as these can cause significant trouble later.

Here’s how to spot mould and damp.

2. Improve the way you communicate with tenants

As soon as a tenant informs you of a potential problem, the countdown begins. For example, under social housing law, landlords must investigate – and possibly resolve – any potential emergency hazards within 24 hours of becoming aware of the problem.

You will need an easy, documented way for your tenants to contact you. Think about which contact details you’ll give them and whether they should use a different phone number or email address in an emergency. If tenants call you, ask them to follow up with an email or other written message so you’ve got a record.

3. Make a list of reliable contractors

Who can help you mend broken heating? Or get an extractor fan working again? When you’re up against a ticking clock, you need a contractor list at the ready. Keep a note of:

• People for emergencies – make sure they’re aware of the new deadlines and are okay to be called on for specific issues.
• Specialists who can treat any long-term problems – for instance, damp and mould specialists or a trained surveyor.

4. Strengthen your record-keeping and admin

Let’s say a tenant claims you didn’t respond to their complaint soon enough and you think you did. You’ll need documents to show the timings of:

• The initial complaint
• When you investigated
• Contractor work orders
• Completion certificates
• All communication with the tenant

You’ll also need to provide a written summary that includes your findings, repair schedule and timelines. We recommend using a digital system for this record-keeping so you can quickly access documents.

5. Consider your finances

You might need to increase your budgets to allow for faster response times and more frequent property maintenance. Emergency callouts for repairs can be expensive, as can providing alternative accommodation for your tenants if you can’t solve the issue within the timeframe.

Working with experienced agents

By extending the law to the private rented sector, the government aims to ensure everyone lives in a decent home, free from worries of damp, mould and other potential health issues.

While this is an important change, it likely means extra work and expense for landlords who must start adapting their businesses if necessary. If you’ve got any questions about how to manage your properties, find your local Winkworth office and talk to an experienced member of our team.