Awaab's Law Defences: When Landlords Cannot Comply on Time

Awaab’s Law came into force on 27 October 2025, and it changed the landscape of social housing repairs overnight. According to the government’s guidance for social landlords, landlords are now legally required to investigate emergency hazards within 24 hours and address damp and mould hazards within strict statutory timeframes. The intent is clear and, frankly, long overdue, named after two-year-old Awaab Ishak, who died as a result of prolonged mould exposure in his social housing home, this legislation exists to make sure no family faces that outcome again.

But here’s where things get complicated in practice. What happens when a landlord genuinely cannot meet those deadlines? What if a specialist contractor isn’t available, a tenant refuses access, or the full scope of a repair turns out to be far greater than the initial investigation suggested? These aren’t excuses, they’re real operational realities that housing providers face every day.

The law does recognise this. There are defined circumstances, often referred to as “reasonable excuse” provisions, where landlords may have a legitimate defence for failing to meet a statutory timeframe. Understanding those defences isn’t about finding loopholes. It’s about knowing where the boundaries sit, so that when genuine obstacles arise, landlords can respond appropriately, document carefully, and demonstrate that they acted in good faith.

I’ve seen too many housing providers either panic unnecessarily when delays occur, or, at the other extreme, assume a vague reason will be enough to satisfy the Housing Ombudsman. Neither approach serves landlords or tenants well. What matters is understanding exactly which circumstances qualify, what evidence is needed, and how to keep residents protected in the meantime, even when the repair itself is delayed.

This article walks through the key defences and exceptions that exist under Awaab’s Law, what “reasonable excuse” actually means in legal terms, and the practical steps landlords should be taking right now to ensure they’re compliant, even when full compliance on time isn’t possible.

What the Law Accepts as a Reasonable Defence

The GOV.UK guidance for social landlords makes clear that a landlord may have a valid defence if they can demonstrate that a failure to comply within the required timeframe was due to circumstances beyond their reasonable control, but only if they took all reasonable steps to comply anyway. This is a high bar. Saying you couldn’t get a contractor is not enough. Showing that you contacted multiple specialist contractors, received no availability, kept written records of every attempt, and escalated internally, that starts to look like a genuine defence.

The types of situations the law considers include tenant refusal of access, specialist workforce shortages, and cases where planning permission or building regulations approval is required before work can proceed. These are legitimate barriers. A landlord dealing with a complex structural damp issue that requires listed building consent, for example, may face genuine delays that no amount of good management can eliminate. What matters is that the landlord pursued every available avenue and documented the effort thoroughly, dated correspondence, call logs, written notices to the tenant, and internal escalation records all count.

Here’s the part many landlords underestimate: the defence must also be communicated clearly to the tenant. It’s not enough to have the paperwork in a filing cabinet. The tenant needs to understand why the work is delayed, what is being done about it, and what they can expect next. Transparency isn’t just good practice here, it’s part of what makes a defence credible. For more detail on how to communicate effectively with tenants about repair timescales, see our guide to tenant communication during repairs.

When Exceptional Situations Arise: Your Next Steps

So the challenge has appeared. A contractor has pulled out. Severe weather has made the property inaccessible. A specialist survey has flagged structural issues that require further assessment before any remediation can begin. The moment you identify that a deadline is at risk, the clock starts ticking on a different obligation: notify the tenant immediately.

Transparency at this stage is crucial, and I’d argue it’s also the single most effective way to protect your organisation’s reputation. A tenant who is kept informed, who understands the reason for a delay and can see that their landlord is actively working to resolve it, is far less likely to escalate a complaint to the Housing Ombudsman. A tenant left in the dark almost always does.

Beyond notification, landlords are expected to provide interim solutions that reduce the risk and impact of the hazard while permanent works are arranged. This might mean offering alternative temporary accommodation, carrying out short-term safety works to stabilise the situation, or arranging regular welfare check-ins. Consider a practical example: a landlord identifies significant damp penetration requiring specialist remediation, but the contractor cannot start for three weeks due to a backlog caused by a regional flooding event. In that scenario, arranging industrial dehumidifiers, scheduling daily or twice-weekly visits to monitor conditions, and providing the tenant with written updates every few days demonstrates a landlord who is acting in good faith. That kind of documented response is exactly what a regulator or ombudsman would want to see.

The Housing Ombudsman’s learning resources on Awaab’s Law make clear that interim measures and communication quality are factored into how complaints are assessed. Good intentions without evidence of action won’t hold up. Understanding the broader context of hazard reporting and investigation procedures can also help landlords structure their response more effectively.

Avoiding Abuse of Defences: Why Landlords Must Be Proactive

Let’s be direct about something: defences exist for genuine exceptional circumstances. They are not a management tool, and regulators are alert to landlords who rely on them too frequently. If an organisation is regularly citing workforce shortages, tenant access issues, or planning delays as reasons for non-compliance, that pattern will attract scrutiny, from the Regulator of Social Housing and from the Housing Ombudsman alike. What looks like a series of isolated exceptions can quickly start to look like systemic failure.

This is why the internal culture around compliance matters as much as the individual cases. Landlords who have written procedures, trained staff, and clear escalation pathways are far less likely to find themselves in a position where a defence is needed in the first place. When a challenge does arise, those same procedures ensure the response is fast, documented, and proportionate.

I’ve seen organisations where the gap between policy and practice is wide, where the compliance framework looks strong on paper but frontline staff don’t know what to do when a contractor cancels or a tenant refuses access. That gap is where reputational and regulatory risk lives. Regular training, clear written guidance, and a culture that treats every hazard report as urgent rather than administrative are what close it.

Use defences only when they are genuinely warranted. Document everything. Communicate openly with tenants. And treat every exception as a signal to examine whether your systems need strengthening, not as a problem that’s been neatly resolved.

Frequently Asked Questions

What are the main defences a landlord can use under Awaab’s Law?
Landlords can use several defences under Awaab’s Law, primarily those that demonstrate a “reasonable excuse” for failing to comply with repair timeframes. This includes circumstances beyond their control, such as tenant refusal of access, workforce shortages, or waiting for necessary approvals. It’s crucial that landlords document their efforts to comply and communicate effectively with tenants.

How can landlords prove they have a reasonable excuse for non-compliance?
To establish a reasonable excuse, landlords must provide evidence of their attempts to meet compliance deadlines. This includes maintaining records of communications with contractors, internal escalation processes, and any other relevant documentation that shows they acted in good faith and took all reasonable steps to resolve the issue.

What should landlords do if they can’t meet repair deadlines?
If a landlord anticipates they cannot meet a repair deadline, they should notify the tenant immediately. Clear communication is essential, as it helps to manage tenant expectations and can prevent complaints to the Housing Ombudsman. Keeping tenants informed about the reasons for delays and the steps being taken to resolve them is vital.

Are there specific circumstances that qualify as reasonable excuses under Awaab’s Law?
Yes, specific circumstances may qualify as reasonable excuses under Awaab’s Law. These include situations like tenant refusal of access, severe weather conditions that hinder access to the property, or the need for specialist contractors who may not be available. Landlords must prove they took all necessary steps to comply despite these challenges.

How important is communication with tenants regarding repair delays?
Communication is critical when it comes to repair delays. Keeping tenants informed about the reasons for delays and what actions are being taken helps maintain trust and reduces the likelihood of complaints to the Housing Ombudsman. Transparency is not only a best practice but also strengthens a landlord’s defence if compliance issues arise.

Common Mistakes to Avoid

Mistake 1: Assuming All Delays Qualify as Reasonable Excuses

Many landlords mistakenly believe that any delay automatically qualifies as a reasonable excuse under Awaab’s Law. However, to be valid, landlords must demonstrate that they took all reasonable steps to comply with the required timeframes. Instead of making assumptions, landlords should meticulously document their efforts and gather evidence to substantiate their claims.

Mistake 2: Failing to Communicate with Tenants

Another common error is neglecting to keep tenants informed about delays and the reasons behind them. This lack of communication can lead to frustration and escalate complaints. To avoid this mistake, make sure to promptly notify tenants of any issues, explain the situation clearly, and provide updates on progress to maintain trust and transparency.

Mistake 3: Not Documenting Efforts to Comply

Landlords often overlook the importance of proper documentation when facing compliance challenges. Without clear records of communications, contractor availability, and internal escalations, a landlord’s defence may be weakened. To safeguard against this, maintain detailed logs of all actions taken, including dates, times, and responses from contractors.

Mistake 4: Ignoring Specialist Contractor Availability

Some landlords may not adequately consider the availability of specialist contractors as a legitimate reason for delays. Simply stating that a contractor was unavailable is insufficient. Instead, landlords should actively seek multiple options, document their attempts, and escalate the issue internally to demonstrate their commitment to compliance.

Mistake 5: Assuming Compliance is Solely About Timeliness

Lastly, many landlords mistakenly focus solely on meeting deadlines rather than ensuring the quality of the repairs. Compliance is not just about timely completion; it’s also about addressing the underlying issues effectively. Landlords should prioritize both timely responses and thorough resolutions to ensure that repairs are completed to a satisfactory standard, thus preventing future problems.

In this series

Part 6 of 12 in Awaab’s Law: The Complete Guide for Landlords (2026) — timescales, phases, who it applies to, penalties, prevention.

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