Awaab’s Law for private landlords: the consultation questions that will set your repair deadlines

The government’s consultation on extending Awaab’s Law to private rented tenancies closes at 11.59pm on 18 December 2026. The answers will shape how quickly private landlords must investigate hazards, how fast they must make homes safe, and whether they could be required to rehouse tenants at their own cost.

The consultation, published by the Ministry of Housing, Communities and Local Government (MHCLG) on 9 October, takes the social housing rules as a starting point and asks whether each element should be shorter, longer or different for private landlords. Most timescales are still genuinely open.

Does Awaab’s Law apply to private landlords now?

No. The power to apply it sits in section 60 of the Renters’ Rights Act 2025, and regulations must be made before any requirement applies to private tenancies. The consultation document states that, given the time needed to make regulations, the earliest feasible implementation date would be 2027.

Private landlords already carry repairing obligations under section 11 of the Landlord and Tenant Act 1985 and the fitness duty in section 9A. The consultation notes that existing legislation sets no specific timescale: the test is a reasonable time once the landlord is notified, which depends on the facts and is ultimately for a court.

Two recent changes already apply. The Housing Health and Safety Rating System (HHSRS), the tool councils use to rate hazards, was updated on 23 June 2026, reducing the hazards from 29 to 21. Alongside it came a council power to impose penalties of up to £7,000 on landlords who fail to take reasonably practicable steps to keep homes free of category 1 hazards.

What does Awaab’s Law require of social landlords?

The consultation uses the social housing rules as its baseline. These are set by The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 and have applied to damp and mould and all emergency hazards since 27 October 2025.

Social landlords have a defence where they took all reasonable steps but could not comply for reasons genuinely beyond their control. Further hazards, including excess cold, falls, electrical and fire hazards, are due to come into scope for social housing on 30 November 2026, subject to Parliamentary approval.

Which timescales are on the table for private landlords?

The consultation offers specific options for each step. These are the multiple choice answers respondents can select.

Which questions matter most to smaller landlords?

Leasehold flats (question 6). The consultation states that around 1.96 million privately rented homes are leasehold, roughly 40% of the sector, compared with around 7% of social housing. It offers two routes: exclude hazards that are the freeholder’s responsibility, as in social housing, or keep them in scope with the landlord required to take reasonable steps to get the freeholder to act.

Whose risk is assessed (question 8). Social landlords assess hazards against the actual occupants, for example a tenant with asthma. The consultation asks whether private landlords should do the same, or assess the hazard alone as the HHSRS does. It lists its own concerns with the first option: landlords lacking information, tenants not wishing to disclose health details, data handling, and a risk of rental discrimination against families or disabled tenants.

Alternative accommodation (questions 25 to 27). The consultation states the government has concerns about the feasibility of this requirement for private landlords, noting that 45% of private landlords own a single property and that hotels or bed and breakfasts may often be the only option. It also acknowledges tenants and their advocates are likely to want parity with social housing.

Tenant caused hazards (question 5). The proposal is to exclude hazards caused by the tenant’s breach of contract, with guidance making clear this does not allow landlords to avoid acting on damp and mould by assuming it is caused by tenant “lifestyle”.

Who would enforce Awaab’s Law?

Enforcement would be primarily through tenants. Once section 60 is in force and regulations are made, the Act will insert an implied term into private tenancies, so a tenant could claim for breach of contract, with the court able to order works, compensation and costs. Tenants could also use the Private Rented Sector Landlord Ombudsman, expected in 2028. The consultation states councils will have no direct role in enforcing the timescales, though their HHSRS powers continue, and the Pre-Action Protocol for Housing Conditions Claims would still apply. A landlord using a managing agent would remain liable, and may need to revise agency agreements.

What have sector bodies said?

The National Residential Landlords Association said the rules must reflect the differences between the social and private sectors, as reported by MPA. Abena Oppong-Asare MP, chair of the Housing, Communities and Local Government Committee, urged the government to phase in the protections at pace while acknowledging landlords would need time to adapt, as reported by Property118, which has also reported that the impact assessment expects the main costs to fall on private landlords, and that some could leave the market as a result.

How can landlords respond?

Responses can be submitted through the online survey or by email to [email protected], quoting the question numbers. The consultation states respondents do not need to answer every question.

Part 3 of the consultation asks landlords, licensors and agents for specific evidence on costs. Questions 21 and 24 ask respondents to rate challenges such as the availability of general and specialist tradespeople, access to properties, and responding during evenings and weekends. Responses supported by real figures, such as typical call-out costs, contractor lead times in a given area, or how often access is refused, are likely to carry more weight than general comment.

For landlords reviewing how they currently handle damp and mould reports, a summary of the existing legal duties is available here.

Readers who intend to respond are invited to share in the comments which options they favour on investigation, emergency and alternative accommodation timescales, and the practical evidence behind their view.

A partnership with Property118

Property118 and LLCR, the Landlord Compliance Register, have agreed a partnership for this community. LLCR gives self managing landlords in England one place to hold every certificate, deadline and document for each property, so that registration, rent increases and possession claims are met with a prepared file rather than a scramble.

Whichever timescales are chosen, Awaab’s Law will turn repair handling into a deadline and record keeping exercise, arriving alongside the PRS Database, the Decent Homes Standard and the Landlord Ombudsman. LLCR is built to evolve with the law as each obligation lands, helping landlords and property managers stay as compliant as possible, and the sensible time to get repair records, certificates and response trails in order is now, before fixed timescales apply.

Property118 readers receive a 10 per cent lifetime reduction on the Starter and Pro plans, on either monthly or annual billing, using the code PROPERTY118 by clicking here.

https://www.llcr-app.uk/partners/property118

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The article covers England only.

Tauhid Islam is a property law paralegal qualifying as a solicitor. He works on tenancy, possession, and compliance matters daily, and founded LLCR, Landlord Compliance Register to give self-managing landlords in England a single place to track every deadline, certificate, and document the law requires of them.

This article is for informational purposes only and does not constitute legal advice. It describes the position in England as at 20 October 2026 and reflects the consultation as published on 9 October 2026. Always seek independent legal advice for your specific situation.