On this page
- What the Law Says When Deadlines Can’t Be Met
- When Exceptional Situations Arise: Your Next Steps
- Avoiding Over-Reliance: Why Landlords Must Be Proactive
- Wales and Scotland Work Differently
- Frequently Asked Questions
- Common Mistakes to Avoid
- Mistake 1: Assuming Any Delay Is Covered
- Mistake 2: Failing to Communicate with Tenants
- Mistake 3: Not Documenting Efforts to Comply
- Mistake 4: Accepting a Single Contractor’s Unavailability
- Mistake 5: Treating Compliance as Only About Timeliness
- In this series
Awaab’s Law came into force on 27 October 2025 for social landlords in England. According to the government’s guidance for social landlords, landlords must investigate and make safe emergency hazards within 24 hours, and deal with significant damp and mould hazards within fixed timescales: investigation within 10 working days, a written summary within 3 working days, safety works within 5 working days, and preventative works begun within 5 working days (or physically started within 12 weeks if that is impracticable). The law is named after two-year-old Awaab Ishak, who died in 2020 after prolonged exposure to mould in his home.
But what happens when a landlord genuinely cannot meet a deadline? What if a specialist contractor isn’t available, a tenant can’t give access, or works need an approval that hasn’t been granted yet? These are real operational situations that housing providers face.
The law does recognise this, but narrowly. There is no general “reasonable excuse” defence. The relief is for circumstances genuinely beyond the landlord’s control. Where that applies, the landlord must still comply as soon as reasonably practicable and keep records of what happened. Understanding where that boundary sits isn’t about finding loopholes. It’s about knowing what to do, and what evidence to keep, when a genuine obstacle arises.
A common pattern is that housing providers either panic unnecessarily when a delay occurs, or assume a vague reason will be enough if the tenant complains to the Housing Ombudsman. Neither approach serves landlords or tenants well. What matters is understanding which circumstances may qualify, what evidence is needed, and how to keep residents safe in the meantime.
What the Law Says When Deadlines Can’t Be Met
The GOV.UK guidance for social landlords explains that a social landlord has a defence for failing to comply if it can prove it used all reasonable endeavours to avoid the failure, meaning it took all reasonable steps to comply, but compliance was not possible for reasons genuinely beyond its control. This is a high bar. Saying you couldn’t get a contractor is not enough. Showing that you contacted several suitable contractors, received no availability, recorded every attempt and escalated internally starts to look like circumstances beyond your control.
The guidance gives examples of the kinds of situation that may be relevant, such as being unable to get access to the home despite repeated attempts, being unable to secure specialist contractors or materials in time, or needing an external approval before work can lawfully go ahead. None of these is automatically accepted. Each depends on the facts and on the evidence the landlord can show.
The guidance also sets out some specific exceptions to the works required, for example where damage was caused by an accident or event such as a fire, storm or flood, where works cannot lawfully be carried out without an approval that hasn’t been given, or where the tenant is liable for the work under their tenancy.
Even where circumstances are beyond the landlord’s control, the duty doesn’t disappear. The landlord must comply as soon as reasonably practicable and keep clear records. The tenant also needs to understand why the work is delayed, what is being done about it and what happens next.
When Exceptional Situations Arise: Your Next Steps
So a problem has appeared. A contractor has pulled out. Severe weather has made the property inaccessible. A survey has flagged structural issues that need further assessment. The moment you identify that a deadline is at risk, tell the tenant, record why, and keep working to comply as soon as reasonably practicable.
May Qualify (depends on the facts and evidence)
- ✔ Circumstances genuinely beyond the landlord's control
- ✔ Landlord used all reasonable endeavours and documented them
- ✔ Examples the guidance discusses:
- ✔ No access to the home despite repeated, recorded attempts
- ✔ Specialist contractors or materials genuinely unavailable in time
- ✔ Works needing an external approval before they can lawfully start
- ✔ Dated correspondence, call logs and tenant notifications
Unlikely to Qualify
- X Vague claims with no evidence
- X No documentation
- X No tenant communication
- X Delays caused by the landlord's own resourcing or planning
| Circumstance | Beyond the landlord's control? | What's needed |
|---|---|---|
| Contacted several suitable contractors, none available, kept written records | May qualify, if all reasonable endeavours were used | Dated logs of every attempt, internal escalation, and compliance as soon as reasonably practicable |
| Tenant could not give access | May qualify, after repeated reasonable attempts | Documented appointments, notices and correspondence |
| External approval needed before works can lawfully start | May qualify, if the approval was sought promptly | Evidence the works could not lawfully start yet, and interim safety measures |
| "Couldn't get a contractor" with no evidence | Unlikely to qualify | Must show all reasonable endeavours were used |
| The same reason cited across many cases | Unlikely to qualify | Suggests a systemic problem within the landlord's control |
Transparency at this stage matters. A tenant who is kept informed, understands the reason for a delay and can see the landlord working to resolve it is less likely to need to escalate a complaint to the Housing Ombudsman.
Beyond telling the tenant, landlords should take interim steps to reduce the risk while permanent works are arranged. If safety works can’t be completed in time, the landlord must offer suitable alternative accommodation. Other interim steps might include short-term works to stabilise the situation, or regular welfare check-ins. For example, imagine a landlord confirms significant damp penetration needing specialist remediation, but the contractor cannot start for three weeks because of a regional flooding event. Arranging dehumidifiers, checking on the household regularly and sending written updates shows the landlord is doing all it reasonably can, and the records will show it.
Avoiding Over-Reliance: Why Landlords Must Be Proactive
The relief exists for genuine circumstances beyond a landlord’s control. It is not a management tool. If an organisation regularly cites contractor shortages, access problems or approval delays, that pattern suggests a problem within its control, and it can draw attention from the Housing Ombudsman through complaints and from the Regulator of Social Housing, whose Safety and Quality Standard expects an effective, efficient and timely repairs service.
That’s why internal culture matters as much as individual cases. Landlords with written procedures, trained staff and clear escalation routes are less likely to end up needing to rely on the relief in the first place. When a challenge does arise, those same procedures make the response fast, documented and proportionate.
A common gap is between policy and practice: the framework looks strong on paper, but frontline staff don’t know what to do when a contractor cancels or a tenant can’t give access. Regular training, clear written guidance and a culture that treats every hazard report as urgent are what close that gap.
Wales and Scotland Work Differently
Awaab’s Law, as described here, applies to social housing in England. Other UK nations have their own rules:
- Wales (social housing): Since 1 April 2026, the Welsh Housing Quality Standard “Responding to Hazards” requirements apply. Hazards with an imminent likelihood of harm must be investigated within 24 hours and remedied within a further 24 hours; significant-risk hazards must be investigated within 10 working days and remedied within 5 working days (Welsh Government written statement).
- Scotland (social and private tenancies): For reports made on or after 6 October 2026, landlords must investigate within 10 working days, give the tenant a written summary within 3 working days of completing the investigation, and begin the necessary repair within 5 working days (SSI 2026/173). There is no separate 24-hour limb.
Each regime has its own exceptions and wording, so check the source for the nation you operate in.
Frequently Asked Questions
Is there a “reasonable excuse” defence under Awaab’s Law?
Not as such. The GOV.UK guidance explains that a social landlord has a defence only if it can prove it used all reasonable endeavours to comply but could not do so for reasons genuinely beyond its control. The landlord must then comply as soon as reasonably practicable and keep records.
Proactive Compliance
- ✔ Document every attempt and communication
- ✔ Transparent tenant updates
- ✔ Written procedures
- ✔ Trained staff
- ✔ Clear escalation pathways
- ✔ Relief rarely needed
Reactive Approach
- ✖ Vague reasons for delays
- ✖ Poor documentation
- ✖ Gap between policy and frontline practice
- ✖ Repeated delays suggest problems within the landlord's control
| Aspect | Proactive Approach | Reactive Approach |
|---|---|---|
| Approach to Repairs | Planned | Crisis-driven |
| Documentation | Well-documented | Poorly evidenced |
| Tenant Communication | Proactive | Reactive |
| Likelihood of relying on "beyond our control" | Lower | Higher, and harder to evidence |
How can a landlord show that a delay was beyond its control?
By keeping evidence of every attempt to comply: dated contact with contractors, appointment and access records, requests for approvals, internal escalation, and what was done to keep the household safe in the meantime. The landlord must also comply as soon as reasonably practicable once the obstacle is removed.
What should landlords do if they can’t meet a deadline?
Tell the tenant promptly, explain why, take interim steps to reduce the risk (including offering suitable alternative accommodation if safety works can’t be completed in time), and keep working to comply as soon as reasonably practicable. Record every step.
Which circumstances may qualify?
The guidance discusses examples such as being unable to get access despite repeated attempts, being unable to secure specialist contractors or materials in time, and needing an external approval before works can lawfully start. Whether any of these qualifies depends on the facts and the evidence; none is automatic.
Do the same rules apply in Wales and Scotland?
No. Wales applies fixed timescales to social housing through the Welsh Housing Quality Standard “Responding to Hazards” from 1 April 2026. Scotland applies fixed timescales to social and private tenancies for reports made on or after 6 October 2026 under SSI 2026/173. Each has its own wording, so check the relevant source.
Common Mistakes to Avoid
Mistake 1: Assuming Any Delay Is Covered
Many landlords assume that any delay is acceptable if there was a reason for it. It isn’t. The landlord must show it used all reasonable endeavours and that the reason was genuinely beyond its control. Document your efforts and keep the evidence.
Mistake 2: Failing to Communicate with Tenants
Another common error is not telling tenants about delays and the reasons for them. This leads to frustration and complaints. Notify tenants promptly, explain the situation clearly and give updates on progress.
Mistake 3: Not Documenting Efforts to Comply
Without clear records of communications, contractor availability and internal escalation, a landlord cannot show what happened. Keep detailed logs of all actions taken, including dates, times and responses.
Mistake 4: Accepting a Single Contractor’s Unavailability
Simply stating that a contractor was unavailable is not enough. Seek other suitable options, record each attempt and escalate internally.
Mistake 5: Treating Compliance as Only About Timeliness
Meeting deadlines matters, but so does fixing the cause. Repairs that don’t address the underlying problem lead to repeat reports and repeat deadlines.
In this series
Part 7 of 12 in Awaab’s Law: The Complete Guide for Landlords (2026).
- ⬅ Previous: Awaab’s Law and Private Landlords: Renters’ Rights Act Extension
- ➡ Next: Awaab’s Law and Overlapping Housing Regulations: Decent Homes, Building Safety Act
Awaab's Law Compliance Readiness Check
Tick off what your organisation already has in place to assess your readiness to defend delays and demonstrate good faith under Awaab's Law.
Documenting Circumstances Beyond Your Control
Tenant Communication
Interim Measures
Internal Systems and Culture
Common Mistakes Avoided
Awaab's Law Compliance Readiness Check
Tick off what your organisation already has in place to assess your readiness to defend delays and demonstrate good faith under Awaab's Law.
Documenting Circumstances Beyond Your Control
Communicating with Tenants
Interim Measures During Delays
Internal Systems and Culture
Avoiding Common Mistakes
Keep reading
- Series guide Getting the Most from Active Vent
A practical hub for choosing, installing, inspecting and maintaining Active Vent, including how the removable, inspectable insert lets you keep a cavity clear over the long term.
- Technical Guides Understanding Modern Ventilation Requirements
Why airtight modern homes need better moisture control than ever, what good cavity wall ventilation looks like, and how to avoid trapping damp in your walls.
- Industry Standards NHBC Cavity Wall Ventilation Requirements: A Practical Guide
What NHBC guidance says about weep holes in cavity walls, why damp walls lose more heat, and how to keep weep vents clear. Written for homeowners, builders and developers.
Useful pages
- Awaab's Law hub →
The statutory damp and mould timescales, who they apply to and where ventilation fits.
- Awaab's Law tenant kit →
A free, printable plain-English handout landlords can give to tenants.
- Damp solution finder →
A few quick questions, then a plan: the likely cause, what to fit, where and what it costs.
- Active Trickle Vent →
A wind-powered trickle vent for window frames. No fan, wiring or running costs.
Written by the Active Vent Team, Swansea. About us