Latest news with #AwaabsLaw
Telegraph
5 days ago
- Politics
- Telegraph
Labour hands councils powers to secretly inspect landlords' properties
'Powers of entry are intrusive by their nature. If they are to be exercised without prior warning, there must be rigorous justification, robust checks and balances and explicit limits to prevent overreach. That bar has not been met. 'These amendments risk tipping the balance too far, undermining transparency and weakening the very safeguards that protect landlords and tenants alike,' he added. It means landlords may be hit with fines from inspections they didn't know were happening. It could leave them footing the bill for tenants' negligence, such as failing to properly ventilate a property to prevent mould. The maximum penalty that a council can issue to a landlord without needing to go to court is £30,000. If the Renters' Rights Bill becomes law, this will increase to £40,000. The British Landlords' Association welcomed the changes as 'in everyone's best interests'. But Sajjad Ahmad, its chief executive, warned against 'sneaky inspections'. He said: 'Inspections should not be done without landlords present. Everyone should be there, as well as the tenants and council officers. This means you can more easily get a solution, rather than issues going on and on.' When the bill passes, Awaab's law will also be applied to the private rental sector. The law forces landlords to take immediate action to remove mould and damp, after two-year-old Awaab Ishak died from respiratory issues caused by exposure to black mould. Baroness Taylor of Stevenage, parliamentary under-secretary of state for housing, told members of the House of Lords that giving notice can lead to 'unscrupulous landlords hiding evidence of breaches'. The Chartered Institute of Environmental Health, which called for the removal of the 24-hour period, has welcomed the news. Mark Elliott, the institute's president said: 'We are delighted that the Government has recognised the need to remove this requirement, which has long been a barrier to effective enforcement of housing legislation. 'The current requirement provides an opportunity for the landlord to appear at the inspection, which can be an intimidating experience for the tenant making the complaint. 'Local authorities should be able to conduct such visits without giving the landlord 24 hours' notice, permitting private conversations with the tenant before the local authority contacts the landlord to notify them if works are required.' Changes for landlords The renters' rights amendments also need to be passed in the House of Commons. The bill – due to come into force this autumn – will also abolish so-called 'no fault' evictions, introduce an ombudsman for the private rental sector and make enforcement against rogue landlords stronger. It also means landlords will be forced to wait three months before taking action against non-paying tenants. Rentals that fall short of energy efficiency standards will be banned by 2030, costing landlords an average bill of £10,000 to bring their properties up to code. The increasingly hostile business environment under Labour is forcing landlords to sell up. The number of UK properties available to let has hit an all-time low of 284,000, falling 18pc in the year to March, according to analytics firm TwentyCi. The National Residential Landlords' Association (NRLA) said that 'the majority of responsible landlords must not be treated as though they are part of the problem'. A spokesman said: 'The amendment passed in the House of Lords raises concerns. The NRLA is supportive of effective enforcement, but it is important that actions taken by enforcement bodies are proportionate to the issue being investigated and seek to work with all involved to achieve the best possible outcome. 'We urge the Government to ensure that any new enforcement measures are applied in a targeted and proportionate way.'
Yahoo
30-06-2025
- Politics
- Yahoo
The five things about to change if you are renting a home
Awaab's Law is set to come into force later this year - and it will change renters' lives. The legislation, which sets strict timeframes for landlords of social housing to fix and repair hazards, was voted through two years ago, but the full details have only just been published. It comes more than four years after the tragic death of Awaab Ishak in Rochdale. In late 2022, a coroner concluded that the two-year-old died due to 'prolonged exposure' to mould in his home at the Freehold estate. READ MORE: Friends left stunned at Manchester Airport after landing £24,000 in terminal READ MORE: 'People are moving here from places like Chorlton and Didsbury - and it's for a good reason' His family repeatedly reported the issue to their housing provider, but the problem persisted, ultimately leading to Awaab's death. The Manchester Evening News has been campaigning for Awaab's Law alongside the toddler's family for the last two and a half years. The legislation was passed in Parliament under the Tories in 2023 with Labour promising to eventually extend it to private renters too. This week, the government confirmed exactly what measures will come into force over three phases, starting from October this year. Awaab's family have welcomed the move. Responding to the news announced on Wednesday (June 27), the family's legal team, Kelly Darlington of Farleys and Christian Weaver of Garden Court North, said: 'On behalf of Awaab's parents, we are pleased that the regulations for Awaab's law have now been laid in by Parliament. This is a necessary and welcome step towards safer homes." So what difference will Awaab's Law make for renters? The law, which currently only applies to social housing, establishes strict and legally binding timeframes for landlords to act once they become aware of a potential hazard. From October 27 of this year, they will have act within 24 hours after any emergency hazards, such as gas leaks, broken boilers and total loss of water supply, as well as damp and mould, are reported. From 2026, hazards which caused a 'significant risk of harm', such as excess cold or heat, structural collapse or some electrical hazards, must be fully investigated within 10 working days. Any work required to fix these hazards must then start within five working days. And from 2027, all remaining hazards listed under the housing health and safety rating system (HHSRS), apart from overcrowding, will also be covered by the regulations too. If there's a material change relating to the hazard, for example if the tenant reports new or worsening symptoms, a new investigation is required and the timeframes reset. If the required repairs cannot be completed within the specific timeframes, landlords must secure suitable alternative accommodation at their expense until the work is done. Landlords must consider the suitability of this alternative accommodation, including whether it has adequate space, is close enough to the tenant's workplace or school and is accessible for those with disabilities. Renters can choose to decline offer of alternative accommodation, but if they choose to stay in their home, the landlord must provide information on actions they have taken to mitigate the risk. Following an investigation into a hazard, landlords must provide a written summary of findings to the named tenant within three working days of its conclusion, specifying if a hazard was identified, the required action and a target timeframe for the repairs. An exception applies if all required works are completed before the three-working-day period ends. Landlords must also keep the named tenant updated throughout the process regarding the timing and progress of the required work until the work is complete. Standard investigations can be carried out remotely. For example, if evidence such as photos or videos sufficiently establishes whether there is a significant or emergency hazard, it may be possible to complete the investigation without anyone visiting the property. However, under the regulations, tenants can specifically request an in-person investigation which the landlord must then carry out. Tenants are expected to cooperate with landlords to arrange suitable times for access, according to the government's guidance, but landlords should take 'all reasonable steps' to gain access, including multiple contact attempts and considering tenant needs. Awaab's Law sets out clear avenues for social housing tenants to take legal action if their landlord is not complying with the rules. Tenants are encouraged to complain to the landlord first before contacting the Housing Ombudsman or the Social Housing Regulator. If a case does reach the court and the landlord is found to be in breach of the regulations, the court can order them to do the repairs. The court could also order the landlord to pay compensation to the tenant and/or pay some or all of the tenant's legal costs. Awaab's Law does not provide for fines to be imposed on landlords, but the court can award the tenant damages as compensation for loss suffered. According to the guidance, court action should be a last resort and the court may ask for evidence that alternative means of resolving the dispute have been considered. As well as giving tenants grounds to take a social landlord to court, Awaab's Law also sets out other expectations on both parties. The guidance states that it is 'unacceptable' for social landlords to assume the cause of a hazard is due to the tenant's 'lifestyle'. It comes after the inquest into Awaab's death revealed that his housing association had made such assumptions about his family. Landlords should not make assumptions and fail to take action or investigate a hazard on this basis, according to the guidance which states that it is 'unavoidable' that everyday tasks such as cooking, washing and drying laundry will contribute to indoor moisture. The guidance also stipulates that landlords must consider the individual circumstances and vulnerabilities of the tenant, such as their age, health conditions or disabilities, when assessing the risk of harm from a hazard. However, tenants will still have certain responsibilities, with any damage caused by a breach of contract by the tenant not falling within the scope of Awaab's Law.
