Awaab’s Law Phase 2 guidance covers landlord-owned district heating faults

UK – Government guidance for the second phase of Awaab’s Law confirms that faults in landlord-owned communal district heating systems can fall within the new hazard requirements for social housing in England.

Awaab’s Law forces social housing landlords to investigate and fix severe health and safety hazards, such as emergency risks and significant damp and mould, within legally binding timeframes. It was introduced in 2023 following the death of two-year-old Awaab Ishak in 2020 from a respiratory condition caused by prolonged mould exposure.

The second phase of the legislation is intended to apply from 30 November 2026, subject to Parliamentary approval of the amendment regulations. The Ministry of Housing, Communities and Local Government (MHCLG) guidance uses an example of excessive indoor heat caused by a fault in a communal district heating system owned by the landlord and unable to be switched off. Where the affected tenant has asthma, it says a reasonable landlord would categorise the issue as a significant hazard.

Phase 2 extends the significant-hazard requirements to excess cold, excess heat, falls, structural collapse, fire and explosions, electrical hazards and domestic hygiene. Damp and mould remain in scope. The guidance identifies complete loss of heating during colder periods, particularly for vulnerable residents, as a potential emergency hazard.

However, the requirements do not apply simply because a property is connected to a heat network. The determining factor is whether the hazard arises from a building, asset or land for which the social landlord has a repairing or maintenance responsibility.

MHCLG gives a contrasting district heating example in which a system is maintained by a freeholder rather than the social landlord. In that case, a heating failure is outside Awaab’s Law repair requirements, although the landlord should seek action from the freeholder.

For potential significant hazards within scope, social landlords must investigate within 10 working days, provide a written summary of findings within three working days of the investigation, and complete relevant safety work within five working days where a significant hazard is identified. Potential emergency hazards must be investigated and relevant safety work completed within 24 hours of the landlord becoming aware of them.

Where safety work cannot be completed within the required timeframe, landlords must arrange suitable alternative accommodation at their own expense. The direct obligations fall on the lessor or social landlord, rather than an independent heat network operator, although operators working for landlords may face contractual and operational pressure to support rapid investigations and remedial action.

Awaab’s Law applies to most social housing in England occupied under a tenancy and let by a registered provider. It does not apply to owner-occupied homes, long leaseholds, shared ownership homes or properties occupied under a licence.