Awaab’s Law: when access is denied – navigating a tenant’s refusal to allow access

In this fourth article in our ongoing series for social landlords, we examine what practical and legal steps landlords can take when tenants refuse access for essential repairs.

Background: what is Awaab’s Law?

Awaab’s Law represents a significant shift in the regulatory framework for social housing providers in England and Wales. It was introduced in response to the tragic death of two-year-old Awaab Ishak in 2020, who died after prolonged exposure to mould in his family’s social housing flat. The law aims to ensure that tenants are not left living in unsafe homes due to inaction or delay.

Key requirements under Awaab’s Law

Social landlords must:

• investigate emergency hazards within 24 hours of becoming aware of them and complete all necessary safety work;
• investigate significant hazards within 10 working days of becoming aware of them;
• provide a written summary of findings to the tenant within 3 working days of completing the investigation;
• commence safety work within 5 working days of identifying a significant hazard, or within 12 weeks if immediate access is not possible or if additional works are required.

These obligations will become implied terms in all social housing tenancy agreements. Failure to comply may constitute a breach of contract, exposing landlords to legal action.

The challenge of denied access

Landlords are required to seek access to the property to investigate and/or complete relevant safety works as quickly as possible. However, tenants may refuse access to their property for a variety of reasons, posing a significant challenge for social landlords in fulfilling their obligations under Awaab’s Law.

Without access, a landlord cannot assess hazards or carry out necessary repairs.

Recommended actions for landlords

Social landlords must demonstrate that they have taken all reasonable steps to gain access. This can include:

• Flexible appointments: work with tenants to arrange a suitable time to visit the property. This may include offering multiple appointment options and taking into account the tenant’s individual circumstances – such as working hours, childcare responsibilities and other personal commitments.
• Clear communication: engage with tenants by explaining the purpose of the visit, the nature of the hazard, what they can expect during the inspection and the potential consequences of delayed access.
• Different forms of communication: where appropriate, contact tenants through different channels of communication such as phone calls, emails or letters and at different times of the day to improve reach and responsiveness.
• Identify barriers: work with tenants to understand and overcome any obstacles that may prevent access.
• Follow up: if access is not granted on the agreed date, leave a written notice informing the tenant of the attempted visit and requesting that they reschedule.

Landlords should maintain comprehensive records of all communication attempts, scheduled appointments, missed visits, and escalation steps.

Legal considerations

Social landlords may have a defence for non-compliance if they can demonstrate that they used all reasonable endeavours to comply but were prevented due to circumstances genuinely beyond their control.

Courts will assess whether the landlord’s actions meet this threshold, so maintaining a robust audit trail is essential, showing records of all communication attempts (letters, emails, calls), evidence of scheduled appointments and missed visits and documentation of all escalation procedures.

Best practices for housing associations

To reduce legal risk and improve compliance, housing associations should:

• Develop access policies: include escalation procedures and legal remedies.
• Engage empathetically with tenants: build trust with tenants by explaining the health risks and legal duties respectfully.
• Use technology: use digital portals and automated reminders to manage deadlines, maintain communication logs and document all interactions.
• Train staff: ensure staff understand the legal requirements and are equipped to handle sensitive access issues.
• Seek legal advice early: consider legal options such as injunctions or court orders if access is repeatedly denied.

Consequences of non-compliance

Failure to comply with Awaab’s Law may result in:

• legal proceedings;
• compensation claims; and
• reputational damage.

In summary

Awaab’s Law places tenant safety and landlord accountability at the heart of housing policy. By adopting proactive strategies, maintaining detailed records, and engaging tenants with empathy and clarity, social housing providers can navigate the challenges of compliance while meeting their obligations to provide safe and healthy homes.

For further guidance, please contact Caroline Leviss or Hugo Stephens.