Laws & Regulations

Awaab’s Law and Ensuring Safe Housing for Tenants

In 2020, two-year-old Awaab Ishak tragically passed away due to hazardous living conditions in substandard social housing in Rochdale. Despite repeated complaints about damp and mould, the landlord failed to address the issues, leaving Awaab’s family in an unsafe environment. In response, Awaab’s Law was enacted in 2023 to prevent such tragedies by enforcing stricter accountability among landlords.

The coroner emphasised that landlords must treat health and safety concerns with urgency and not attribute issues like damp and mould to tenants’ lifestyles, such as drying clothes indoors or inadequate ventilation. The government has reinforced this stance, clarifying that tenants should not be held responsible for these property-related issues.

Key Provisions of Awaab’s Law

Prompt Investigation and Action: Landlords must investigate reported hazards within 14 days and provide a written report. Necessary repairs must begin within 7 days of the report’s completion.
Landlord Responsibility: Landlords are primarily responsible for addressing issues. If a tenant is later found to have caused the problem, landlords may claim costs from the deposit, but the initial responsibility to fix the issue remains with the landlord.
Applicability to Private Rentals: While primarily focused on social housing, Awaab’s Law will extend to the private rental sector, requiring landlords to adhere to the same standards.
Legal Enforcement: The Renters (Reform) Bill, expected to take effect by April or June 2025, will make these obligations legally binding. For more details, visit https://www.gov.uk/guidance/renters-reform-bill.

Importance of Regular Inspections

Awaab’s Law underscores the critical need for landlords to conduct regular interim inspections. If tenants fail to report issues like damp, small problems can escalate into significant hazards. Routine inspections help landlords:

Identify and address potential health and safety issues early.
Prevent misuse of the property.
Avoid costly emergency repairs.

By proactively monitoring the condition of rental properties, landlords can control maintenance costs, ensure tenant safety, and comply with legal requirements, reducing the risk of serious issues developing unnoticed.

Carbon Monoxide Safety and Landlord Regulations

Carbon monoxide (CO), often called the "silent killer," claims approximately 116 lives annually in England and Wales, with thousands more requiring treatment for exposure. This invisible, odourless, and tasteless gas poses a significant risk, making compliance with CO alarm regulations critical for landlords to ensure tenant safety and meet legal obligations.

Understanding Carbon Monoxide

Nature of CO: A colourless, odourless, and tasteless gas, making it nearly impossible to detect without proper equipment.

Health Risks: CO poisoning occurs when the gas accumulates in the bloodstream, displacing oxygen in red blood cells, which can lead to severe health issues or death.

Sources of CO: Incomplete combustion of fuels like gas, oil, coal, or wood due to insufficient heat or oxygen. Common sources include:

Gas boilers or cookers
Gas or paraffin heaters
Wood, coal, or gas fires
Portable generators
Indoor barbecues or vehicles running in enclosed spaces like garages
Blocked or poorly maintained flues, chimneys, or vents

Carbon Monoxide Regulations for Landlords

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, effective from October 1, 2022, outline specific requirements for landlords. For further details, refer to GOV UK, July 2022. Key obligations include:

Install at least one functional smoke alarm on every floor of the rental property.
Equipping every room with a fixed combustion appliance (excluding gas cookers) with a working CO alarm. A fixed combustion appliance is defined as any device that burns fuel to produce heat.
Repairing or replacing any faulty alarms reported by tenants.
Non-compliance can result in fines of up to £5,000.

Selecting the Right CO Alarms

To ensure compliance and safety, landlords should consider the following when choosing CO and smoke alarms:

British Standards Compliance:

CO alarms must meet BS EN 50291.
Smoke alarms must comply with BS 5839-6.
Look for a Kitemark or CE mark to confirm independent testing and approval.

Sealed, Tamper-Proof Units:

Opt for alarms with sealed lithium batteries lasting 7–10 years to prevent tenant tampering.
Ideal for rental properties to ensure consistent functionality.

Installation Options:

Standalone, battery-powered alarms are suitable for most rentals due to easy installation.
Hardwired alarms may be preferable for new builds or long-term properties.
Always follow the manufacturer's instructions for proper placement.

Record-Keeping:

Maintain records of purchase, installation dates, expiry dates, and manuals to demonstrate compliance during local authority inspections or disputes.

Alarm Placement Guidelines

Install a CO alarm in every room containing a fixed combustion appliance.
Position alarms at head height (on a wall or shelf), approximately 1–3 meters from the appliance, per the manufacturer’s instructions.

Tenant Safety and CO Poisoning Awareness

Symptoms of CO Poisoning

As noted by the NHS, symptoms include:

Headaches
Dizziness
Nausea or vomiting
Weakness
Confusion
Chest or muscle pain
Shortness of breath

Actions for Suspected CO Poisoning

Immediately stop using all appliances.
Open windows and doors for ventilation.
Exit the property and seek fresh air.
Seek medical attention promptly.
If a gas appliance is suspected of leaking CO, contact the National Gas Helpline at 0800 111 999 for free assistance.

Testing and Maintaining Alarms

Tenants:

Test smoke and CO alarms monthly using the provided test function.
Request a demonstration from the landlord at the start of the tenancy.
Replace batteries as needed and report any faulty alarms to the landlord or agent immediately.
If the landlord fails to address faulty alarms, tenants can contact their local council for assistance.

Landlords:

Ensure alarms are tested and functional at the start of each tenancy.
Respond promptly to tenant reports of malfunctioning alarms.
Conduct regular checks during interim inspections to verify alarm functionality.

By installing compliant CO and smoke alarms and performing regular maintenance, landlords not only fulfil their legal duties but also create a safer living environment for tenants, significantly reducing the risks associated with carbon monoxide exposure.