On 9 January 2024, the Department for Levelling Up, Housing and Communities issued Awaab’s Law: consultation on timescales for repairs in the social rented sector (the consultation closed on 5 March). As the title states, the proposals outline timetables for landlords to respond to complaints and to remedy identified problems. Overseeing whether landlords meet the proposals will fall to the Housing Ombudsman (HO).

The consultation paper follows a pattern: a proposal, its context, and the question (agree with the proposal or not, and if not, why?). Unfortunately, the ‘context’ is more often than not inadequate and incomplete, and so misleading. This flaw raises several questions.

The main omission is any reference to local authorities (LAs) and their roles and duties relating to unsatisfactory housing conditions under Housing Act (HA) 2004 Part 11See May 2023 Legal Action 15. – duties that extend to all housing, including the social rented sector. Why isn’t this mentioned?

Reference is made to both the Homes (Fitness for Human Habitation) Act 2018 (which adopted the 29 Housing Health and Safety Rating System (HHSRS) hazards as introduced by the HA 2004) and the landlord’s repairing obligations. The consultation also refers to a tenant’s option to take civil action for breaches of these obligations. Reference is also made to the HHSRS, although inaccurate definitions of category 1 hazards are given. However, no mention is made of duty placed on LAs by HA 2004 Part 1 once they are aware of a category 1 hazard. Again, why?

Presumably, under the proposed Awaab’s Law, where a tenant contacts the HO about delays in dealing with a complaint, its response will be an investigation of the landlord’s complaint response procedure. That the tenant is living with a potential threat to health appears to be secondary; procedures and bureaucracy take precedent. Under HA 2004 Part 1, the opposite is the case: the duties on LAs focus on removal of any threat, leaving the landlord to sort out its complaints/repairs procedures. Is it right that, under the proposed Awaab’s Law, procedures take precedent over threats to health?

A LA is required to arrange for a dwelling to be inspected if it suspects a HHSRS hazard exists.2HA 2004 s4. As LAs’ duties to deal with category 1 HHSRS hazards are not mentioned, it seems that the idea of coordination between the HO and LAs (both statutory bodies3The HO is established by the secretary of state under HA 1996 (as amended) s51 and Sch 2.) isn’t seen as necessary or important. Does this mean it is okay for the HO to keep knowledge of potential threats to health to itself?

HA 2004 Part 1 is by no means perfect, particularly as it reinforces the imbalance between landlord and tenant in the landlord’s favour.4See David Ormandy and Stephen Battersby, ‘Landlords’ rights trump public health’, Journal of Housing Law, vol 23 no 1, page 28. LAs are struggling to fund adequate numbers of qualified staff to deal with hazardous housing conditions. If the proposals made in this consultation are adopted, as well as failing to provide an adequate response to the cause of Awaab Ishak’s death, it will confirm the current general disregard (contempt?) for tenants.