Awaab's Law and private landlords in England: what the consultation proposes.

Where things stand

Awaab's Law has applied to social housing tenancies in England since 27 October 2025, under the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. Section 60 of the Renters' Rights Act 2025 widens the provisions behind it to cover private tenancies, and section 61 allows it to be applied to some accommodation occupied under licence. Both sections are shown as prospective (not yet in force) on legislation.gov.uk, and the consultation says regulations will be needed to set the requirements private landlords must meet. So there is no Awaab's Law duty on private landlords in England yet.

MHCLG opened Extending Awaab's Law to private rented tenancies and to licences on 9 October 2026. Part 1 covers private rented tenancies. Part 2 asks whether to apply Awaab's Law to supported housing, temporary accommodation for homeless households and care leaver accommodation where these are occupied under licence. Part 3 asks about costs and impacts. The proposals apply to England only. The government's press release says extending Awaab's Law to these homes could take the number of households covered from 4 million to around 9 million.

Private landlords already have repair duties. The consultation points to section 11 of the Landlord and Tenant Act 1985 and the fitness for human habitation duty in section 9A, and to council enforcement of hazards under the HHSRS, which the Renters' Rights Act 2025 strengthens with civil penalties of up to £7,000 where a landlord has not taken reasonably practicable steps to keep a home free of Category 1 hazards. What is missing, it says, is any fixed timescale: repairs must be done within a reasonable period, which depends on the facts. Awaab's Law would set those timescales rather than add new repair duties.

It would be enforced through the tenancy. The Act implies a term into the tenancy that the landlord complies with Awaab's Law, so a tenant could take the landlord to court for breach of contract, and the court could order the work, compensation and costs. Tenants could also complain to the Private Rented Sector Landlord Ombudsman once it is set up. Councils would not enforce the timescales directly, but could still act on hazards as they do now.

What the consultation proposes

The government uses the social housing rules as the starting point and asks, element by element, whether they would work for private landlords. It says its aim is not to make the private sector rules stronger or weaker, but to make them work for a sector where 82% of landlords own fewer than five rental homes and, it assumes, very few have their own repair teams.

The hazards are the 21 in the revised HHSRS that took effect on 23 June 2026 (see HHSRS 2026 changes). The consultation sees a good case for excluding hazards caused by the tenant's breach of contract, with guidance that landlords cannot assume damp and mould is down to the tenant's "lifestyle" (question 5). Leasehold homes get special attention: around 40% of privately rented homes are leasehold, and question 6 asks whether a hazard the freeholder is responsible for should be left out, or whether the landlord should have to take reasonable steps to get the freeholder to fix it.

On timing, the consultation says that, given the time needed to make regulations, "the earliest feasible implementation date would be 2027". It weighs that against giving landlords and agents time to prepare, and against the Private Rented Sector Landlord Ombudsman, which the government expects to be established from 2028. If the start is phased, it sees a strong case for putting damp and mould and all emergency hazards first, as for social housing.

Who would investigate: surveyors are named

For social housing, the investigation must be done by someone the landlord believes has the right skills and experience, and the consultation notes that qualified specialists will not be needed in every case. Social landlords decide how to investigate: photos and videos can allow a remote investigation, but if the tenant asks for a physical one it must happen within 10 working days of the request.

The consultation questions whether that fits private renting. A landlord or agent who wants specialist help is likely to have to hire a contractor for a one-off job, and the availability of such contractors could cause delays. Question 12 asks who should be able to carry out Awaab's Law inspections in the private rented sector:

Question 13 then asks how big a challenge each of these would be: the cost of investigations, the availability of suitably competent people to carry them out, and disputes about the outcome, such as whether a hazard meets the threshold. Surveyors who carry out HHSRS or damp inspections for private landlords are well placed to answer with evidence on availability, response times and cost.

What it means for letting agents

The consultation counts agents in: 46% of private landlords use an agent for letting and 18% for management. Because Awaab's Law would work as an implied term in the tenancy, a landlord who uses an agent to manage repairs would remain ultimately liable, and may need new contractual agreements with the agent to be confident the requirements will be met. The two-stage option in question 12 would let the landlord or agent make the initial assessment, and question 16 asks whether a written summary should give the agent's contact details as well as the landlord's.

The proposal to judge hazards with the occupants in mind (question 8) would mean landlords and agents considering what they know about the household, such as young children or a health condition the tenant has disclosed. The consultation lists the risks: landlords and agents lacking that information, tenants not wanting to share it, rental discrimination, and new systems for handling sensitive personal data.

What a landlord or agent would need on record

None of this is a legal requirement for private landlords in England yet. But in the social housing model the proposals start from, every step runs from a date: the day the landlord becomes aware of a potential hazard, the day the investigation concludes, and the deadlines after it. A landlord can become aware through a tenant's complaint, a serious issue found during routine maintenance, or a referral from a third party such as a medical professional. Social landlords have a defence if they can prove they took all reasonable steps but could not comply for reasons genuinely beyond their control. Either way, the record that would matter is much the same:

• When and how you became aware: the date of the tenant's report, inspection or contractor's note.
• A dated condition record: the rooms and outside, with photos of the hazard and where it presents.
• The hazard and the findings: which HHSRS hazard, whether it was judged significant or an emergency, and if not, why not.
• Who investigated: their name and the skills or qualifications they bring.
• The works: what was done to make it safe and when, any further work, its target dates and when it started and finished.
• Access: every attempt to get in, since tenant access is one of the challenges the consultation asks about.

The same record helps today. Repairs must already be done within a reasonable time once a landlord has been notified, and a dated record of what was found and what was done is the evidence a landlord or agent would reach for if a council inspects or a tenant complains.

How to respond by 18 December

The consultation closes at 11.59pm on 18 December 2026. MHCLG prefers responses through its online survey. You can also email your answers to [email protected], or post them to Awaab's Law Consultation, Private Rented Sector Strategy, Security and Standards Division, Ministry of Housing, Communities and Local Government, 3rd Floor, Fry Building, 2 Marsham Street, London SW1P 4DF. In a written response, give the question number for each answer.

You do not have to answer every question. The ones closest to surveyors, landlords and agents are:

• Questions 11 to 13 and 17: investigation timescales, who investigates, and the practical challenges.
• Questions 18 to 24: how quickly hazards should be made safe, further works, and emergencies.
• Questions 25 to 27: alternative accommodation.
• Questions 29 to 32: phasing, the start year and the Ombudsman.
• Questions 55 to 60: how quickly you deal with hazards now, your repair arrangements and costs (question 58 is for agents).

MHCLG asks respondents not to include sensitive personal data, such as names and addresses, in their answers, and says personal concerns about repairs cannot be resolved through the consultation.

Scotland already covers private landlords

Scotland has its own rules. Since 6 October 2026 the Investigation and Commencement of Repair (Scotland) Regulations 2026 have required private landlords, as well as social landlords, to have damp or mould investigated within 10 working days and to start any repair needed within set timescales. See our guide to Awaab's Law in Scotland for landlords and agents.

Where PropertySurvey Pro fits

• HHSRS scoring on site (Pro): all 21 hazard profiles of the 2026 system, with your likelihood and spread of harm giving the score, the band and Category 1 or 2. How the scoring works.
• Room by room and outside: condition, defects and maintenance for each room and elevation, with photos and optional temperature and humidity readings.
• Dated photos (Pro): print the date and time each photo was taken or added.
• Follow-up visits: start a return visit from a finished survey so a recheck carries the rooms across; with Pro, the report adds a section on what changed.
• Costs: list the repair items the inspection calls for, with or without prices.
• On site and offline: the PDF is built on your device before you leave.

Your judgements stay yours: the app never suggests a likelihood or a spread of harm, and it does not decide whether a hazard is significant or an emergency.