Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 Debate
Full Debate: Read Full DebateBaroness Whitaker
Main Page: Baroness Whitaker (Labour - Life peer)Department Debates - View all Baroness Whitaker's debates with the Ministry of Housing, Communities and Local Government
(1 day, 23 hours ago)
Grand CommitteeMy Lords, before I begin on the instrument, I need to declare an interest for this piece of business. My daughter works for Settle housing association.
I pay tribute to the work of the noble Baroness, Lady Scott, on this issue. I know she cared about it as much as I do and worked very hard in the department when she was there to make sure that this piece of work came forward. I would like to express my thanks to her for that.
In speaking to the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, known as Awaab’s law, I will also speak to the Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025. The Government are clear that homes must be safe. We are determined to drive a transformational and lasting change in the quality of social housing, making sure that tenants feel safe and that landlords have clarity on requirements. These regulations are an important step.
I begin with Awaab’s law. Awaab Ishak was just two when he died in December 2020 due to prolonged mould exposure in his family home. Awaab’s death was tragic. There is nothing more painful than losing a child. How much more pain his parents must have knowing that, if they had been listened to and their social landlord had acted responsibly, their son’s death could have been avoided. Awaab’s parents repeatedly raised concerns, and their social landlord failed to act. His parents have campaigned tirelessly since then, and I want to thank them sincerely. Awaab’s law will make sure that tenants’ complaints are taken seriously and that landlords respond in a timely manner with empathy, dignity and respect. It is my sincere hope that it will build trust between landlords and tenants. For too long, tenants’ complaints about damp and mould have been treated at best with delay and failure to act and, at worst, by pushing the blame back at tenants, often using the term “lifestyle issues”—a term I banned at my council. We must do better.
The regulations imply terms into tenancy agreements requiring social landlords to investigate and remedy significant damp and mould and emergency hazards within set timeframes. Significant hazards must be investigated within 10 working days, with written summaries sent to tenants in three days and action taken in five. Emergency hazards must be made safe within 24 hours. If these timescales cannot be met, landlords must provide suitable alternative accommodation until it is safe to return. Additional works to prevent hazards from recurring must begin as quickly as possible, with a 12-week backstop from investigation, and completed within a reasonable timeframe. Once the regulations are in force, landlords must comply, and tenants can take legal action for breach of contract if they do not. The regulations take into account genuine uncontrollable circumstances preventing compliance or if landlords can prove they used all reasonable endeavours to comply with requirements.
These initial regulations focus on damp and mould, emergency hazards. I will return in 2026 and 2027 with further regulations to extend the law to additional hazards. This allows us to act now, tackling the 7% of socially rented homes in England suffering from damp while testing this first phase with tenants and landlords to make sure we get things right before moving to subsequent phases. This phased approach does not reduce landlords’ existing duties to ensure that their properties are free from dangerous hazards. We will monitor and evaluate the effectiveness and impact of Awaab’s law, adding future phases to deliver the best outcomes.
I now move on to the Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025. Private landlords are already required to check the electrics in their properties. We must now ensure that social housing tenants have the same protections.
Electrical faults in homes can be extremely dangerous. This reform will mean that tenants will know their electrics are safe. It will drive up standards and reduce deaths and injuries caused by electrical faults. The new requirements will come into force for new tenancies in November and for existing tenancies next year. All landlords will have to test the electrical installations in their properties at least every five years, to make sure that safety standards are met and repairs carried out. The regulations also go further, requiring landlords to check electrical equipment they provide. Local councils will have the power to require remedial works, if necessary, and can arrange the works themselves if action is not taken by the landlord. Additionally, these regulations raise the maximum financial penalty to £40,000 for landlords, private or social, who do not comply.
I wish to draw the attention of the Committee to the fact that a correction slip has been issued for this statutory instrument. Regulation 11 stated that it inserts a Regulation 12B in the 2020 regulations. It should read “12A”.
To summarise, these new requirements are not an additional burden to the many landlords we know already take a proactive approach to keeping homes safe. Clear standards and requirements of social landlords, and timelines to meet them, eliminate uncertainty for everyone and help make sure that tenants can live in the safe homes they deserve.
Both these sets of regulations have received consistent support from across the House and the sector. I am confident that I bring robust regulations to the House, strengthened by consultation. Subject to the approval of Parliament, Awaab’s law is due to come into effect from October this year and electrical safety requirements for social tenancies from November. I commend these draft regulations to the Committee.
My Lords, these are excellent regulations, sorely needed, and I commend our Government for bringing them forward. There is one problem that concerns me. They do not cover all social renters and, therefore, there is an element of discrimination. I should declare an interest as an officeholder in various Gypsy and Traveller organisations, so my noble friend the Minister will not be surprised at what I am about to say. Indeed, I asked her a Question about this very thing because Gypsies and Travellers are not covered. Although they rent their houses from social landlords, their houses are, in fact, caravans—permanent caravans—and they have amenity blocks on the sites for the use of water.
The problem is that the law does not correspond to reality. So, as I said, Gypsies and Travellers have their homes rented from social landlords on caravan sites with amenity blocks for the use of water. But my noble friend answered on 14 July:
“As caravans are not buildings according to the definitions set out in the Landlord and Tenant Act 1985 or the Housing Act 2004, it is the government’s position that Awaab’s Law will not extend to Gypsies and Travellers living permanently in caravans on sites with amenity blocks that are rented from social landlords”.
Usually, local authority-owned sites may be reasonably maintained. The problem there is that there are simply not enough of them. In other social landlords’ sites, the standards are simply so low as to affect health, safety and well-being.
There are different ways of framing laws so that they relate to what actually is the case. I submit that that is what the law ought to be doing. I think it is our job here in your Lordships’ House to ensure that laws fit the circumstances and values that now obtain, rather than outmoded concepts. To continue to let the law express these outmoded and unjust ideas would amount, I think, to a dereliction of our task. So I hope my noble friend can come up with some way to include these citizens who have fewer rights than other citizens.
My Lords, I thank the Minister for bringing forward these important regulations in Grand Committee. The first concern I have is that the tragic death of Awaab occurred at the end of 2020. It then took nearly three years for the law in his name to be passed, and another two years to introduce the regulations that put the Act into effect. I get dismayed sometimes at the length of time it takes to make changes when the initial reaction is that this is a situation that requires urgent emergency attention.
I am not pointing the finger of blame at anybody; sometimes it is everybody’s and nobody’s responsibility. But if the Minister could explain why it has taken so long, it would help me to understand why we are just getting the regulations now, two years on. But I am pleased that they will be enacted next month, as I think she said.
One of the concerns I have about the regulations is the tenant’s recourse when action is not taken. They complain and say, “You’ve got to get something done”, but nothing gets done. In my experience as a councillor dealing with lots of social housing, the issue is often that tenants for whom English is perhaps not their main language, or who have moved around a lot and do not know the ins and outs of how things should work, miss out when it comes to issues such as this. Which is, of course, what happened in the tragic incident with Awaab in the first place—talking but not being heard. Again, I wonder whether the Minister could just try to close that circle for me and say that there will be somebody who will say, “If you make a complaint, we’re going to make sure something happens”.
The last point I make about these regulations is that they have come about because either current or former local authority housing—the better-quality housing—has gone under right to buy. Consequently, when councils are fulfilling their duty to house homeless families, often what is left is poor-quality housing. There is an awful circle of deprivation that we cannot seem to break out of—I know that this is an attempt to do so—where homeless families go into the poorest quality housing. Often, they are families who will have to move again and again, where English is not their first language, or they may have learning difficulties. When they try to complain, nobody listens, because they do not have the clout that others have. And so it goes on. I know that this is an attempt to break that cycle; we just need to do a bit more. But I am pleased it is coming.
I turn to the second SI, on electrical safety. Of course, it was a faulty fridge that caused the fire in Grenfell Tower. That is not covered by this, but I hope that, as with statutory gas inspections of social housing, this will encourage tenants to understand that electrical safety is as important as gas safety—that it will raise understanding a bit if they get a knock on the door to check whether the electrical equipment put in by their landlord is safe. It is interesting, if I am right, that private landlords have to test other electrical equipment in their homes; PAT testing of major electrical items seems to happen.
With those comments, I think these are two good sets of regulations, but I worry about the timeliness.