Will Awaab’s Law Increase Legal Costs?

The introduction of Awaab’s Law will bring some of the most significant changes to social housing regulation in recent years. Whilst most of the discussion has focused on improving housing standards and protecting tenants, there is another important question that deserves attention. What impact will the new legislation have on legal costs in housing disrepair claims?

At ARC Costs, we regularly work with solicitors acting in housing disrepair claims and disputes involving local authorities and housing associations. Although Awaab’s Law is designed to encourage earlier intervention rather than litigation, its introduction is likely to influence how housing claims are investigated, funded and ultimately resolved.

In the short term, we may see an increase in claims as tenants become more aware of their rights. Longer term, however, the legislation could have the opposite effect if social landlords respond more quickly to reports of serious hazards.

What is Awaab’s Law?

Awaab’s Law was introduced following the tragic death of Awaab Ishak, a two-year-old boy who died after prolonged exposure to damp and mould in his family’s social housing property.

His death prompted significant public concern about the condition of social housing and the way in which complaints regarding serious hazards were being handled.

The legislation forms part of wider reforms introduced through the Social Housing Regulation Act, placing new legal duties on registered providers of social housing to investigate and remedy dangerous conditions within prescribed timescales.

The first phase of the legislation came into force on 27 October 2025, with further phases extending the range of hazards covered.

What hazards are covered?

Although Awaab’s Law is often associated with damp and mould hazards, the legislation now extends much further.

The new duties apply to many of the most serious risks identified under the Housing Health and Safety Rating System (HHSRS), sometimes referred to as the domestic and safety rating system HHSRS.

These include:

• Damp and mould hazards
• Excess cold and excess heat
• Electrical hazards
• Fire safety risks
• Structural collapse and explosions
• Unsafe sanitation
• Hazards affecting personal hygiene and food preparation
• Other significant Category 1 hazards

The objective is straightforward: dangerous housing conditions should be investigated and addressed before they result in serious harm.

What are the new Awaab’s Law requirements?

The Awaab’s Law requirements introduce strict timescales for landlords responding to reports of serious hazards. Whilst the precise obligations depend on the nature of the hazard reported, landlords are generally expected to begin investigating complaints quickly.

For many reports, the investigation must start within 5 working days, with an investigation within 10 working days expected in appropriate cases depending on the hazard involved.

Following the investigation, tenants should receive a written summary explaining:

• The findings.
• Whether hazards have been identified.
• What remedial works are required.
• The anticipated timescale for those works.

Where emergency hazards are identified, landlords are expected to act much more quickly. If repairs cannot safely be completed immediately, landlords may also need to provide suitable alternative accommodation whilst the hazards are addressed.

Could this lead to more housing disrepair claims?

Possibly, in the short term. Whenever new statutory obligations are introduced, there is often an initial increase in awareness amongst tenants and legal advisers. Where a social landlord fails to comply with the required investigation or repair timescales, tenants may feel more confident pursuing legal remedies.

The existence of clearer statutory obligations may also make it easier to demonstrate that a landlord has failed to respond appropriately. However, that does not necessarily mean litigation will increase indefinitely.

One of the objectives of Awaab’s Law is to encourage earlier intervention. If landlords investigate complaints promptly and carry out repairs within the required timescales, many disputes may never progress to formal legal proceedings.

What does this mean for legal costs?

From a housing disrepair costs perspective, the legislation creates several interesting issues. Firstly, the expansion of hazards covered by the legislation may increase the complexity of some housing disrepair claims. Historically, many claims focused primarily on damp and mould.

Future cases may involve several different hazards at the same time, including structural concerns, electrical issues, fire safety defects and sanitation problems.

That is likely to require:

• Additional investigations.
• More expert evidence.
• Longer inspections.
• Greater document review.
• More extensive schedules of works.

Each of these can have a direct impact on recoverable legal costs.

More experts may mean higher costs

As the range of hazards expands, so too may the number of experts required. Rather than instructing a single surveyor, solicitors may need evidence from specialists in areas such as:

• Structural engineering.
• Fire safety.
• Electrical installations.
• Environmental health.
• Building pathology.

Paying parties may challenge whether each expert was necessary. Receiving parties will need to demonstrate that the expert evidence was reasonably required to investigate the issues raised.

These disputes are likely to feature prominently during negotiations and detailed assessment.

Proportionality will remain an important issue

Housing disrepair claims have long generated arguments about proportionality. Damages are often relatively modest when compared with the legal work required to investigate complex defects.

Where multiple hazards exist within one property, solicitors may legitimately spend significantly more time progressing the litigation. Nevertheless, paying parties may continue to argue that the costs incurred exceed what is proportionate to the damages ultimately recovered.

These arguments are unlikely to disappear under Awaab’s Law. In fact, they may actually become more common as claims become increasingly technical.

Earlier settlements could reduce legal costs

Whilst some claims may become more complex, the legislation could also reduce overall litigation costs. If landlords comply with the new investigation requirements and complete repairs promptly, disputes may be resolved before court proceedings become necessary.

That could reduce:

• Issue fees.
• Counsel’s fees.
• Expert costs.
• Costs budgeting.
• Detailed assessment proceedings.

From a legal costs perspective, prevention is almost always less expensive than litigation. In that sense, the success of Awaab’s Law could eventually reduce rather than increase overall legal spend.

Compliance will be critical

The legislation places considerable emphasis on accountability. Where landlords receive reports of significant hazards, they will need to demonstrate that they have complied with the statutory process.

That means maintaining clear records showing:

• When complaints were received.
• When investigations commenced.
• Whether investigations started within the required number of working days.
• What hazards were identified.
• What repairs were completed.
• Whether temporary accommodation was required.
• When tenants received the required written summary.

Those records may later become important evidence if litigation arises.

How ARC Costs can help

Awaab’s Law is primarily about improving housing standards rather than increasing litigation. However, whenever legislation introduces clearer legal obligations, it inevitably influences legal costs. Claims may become more technically complex because of the wider range of hazards covered, whilst landlords who fail to comply with the statutory timescales may find themselves facing stronger claims supported by clearer evidence.

Equally, there is another side to the argument. If landlords investigate complaints promptly and complete repairs within the required timescales, many disputes may never reach court. That benefits everyone, including tenants, landlords and the legal system.

Housing disrepair litigation continues to evolve as new legislation changes the regulatory landscape.

At ARC Costs, we regularly assist solicitors acting for both receiving and paying parties in relation to housing disrepair claims, including:

• Drafting Bills of Costs.
• Costs budgeting.
• Negotiating settlements.
• Preparing Points of Dispute and Reply.
• Detailed assessment proceedings.
• Advice on proportionality and recoverability.

As the courts begin to consider disputes arising under Awaab’s Law, we expect further guidance on the recoverability of costs associated with multiple experts, expanded investigations and increasingly complex housing disrepair litigation.

Whilst the long-term impact of the legislation remains to be seen, one thing is already clear: Awaab’s Law is changing expectations for social landlords. Whether that ultimately leads to more litigation or fewer disputes will depend largely on how effectively landlords implement the new requirements in practice.

From a legal costs perspective, the most successful outcome would be one where improved compliance reduces the need for court proceedings altogether. Until then, costs lawyers and litigators alike will be watching closely to see how the courts approach the new generation of housing disrepair claims arising under Awaab’s Law.

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