Awaab's Law Phase 2: the new hazards and what damp surveyors should record

The timescales do not change. What changes is how many hazards they cover, and the test for when a hazard is in scope. For a damp surveyor that matters most where cold, leaks and decay turn up on the same visit as the mould.

Where the regulations stand

The instrument is the Hazards in Social Housing (Prescribed Requirements) (England) (Amendment) Regulations 2026. It amends the Phase 1 regulations (SI 2025/1042) and was laid in draft before both Houses on 13 July 2026 under section 10B(8) of the Landlord and Tenant Act 1985, "for approval by resolution of each House of Parliament". Its commencement clause reads: "These Regulations come into force on 30th November 2026."

Parliament's record shows the Joint Committee on Statutory Instruments considered it on 9 September 2026 and did not draw it to the special attention of the Houses. A Lords Grand Committee considered the draft on 13 October 2026, taken with the draft Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) (Amendment) Regulations 2026, and on 14 October 2026 the House of Lords agreed the motion approving both drafts. In the Commons, the First Delegated Legislation Committee considered both drafts on 19 October 2026, and on 20 October 2026 the House of Commons approved both, without debate.

Parliament's record now shows the procedure as concluded and says the instrument can be made (signed into law). Until it is made it remains a draft: no made version had been published on legislation.gov.uk when we checked on 27 October 2026. Once made, the regulations come into force on 30 November 2026. The electrical safety draft, which also says it comes into force on 30 November 2026, is at the same stage.

In both debates the government said the "Make Things Right" social housing information campaign "will launch in January to raise awareness of the new protections" among social housing tenants and residents.

On 13 July 2026, before Parliament considered the draft, GOV.UK published the Phase 2 guidance, a hazards guidance annex and a copy of the regulations as they would apply from 30 November 2026. The guidance says it will apply from 30 November 2026, when the amendment regulations come into force.

The hazards Phase 2 adds

The draft widens the list of significant hazards by reference to paragraphs of Schedule 1 to the Housing Health and Safety Rating System (England) Regulations 2005, as amended in June 2026. Damp and mould stays in scope, and emergency hazards already cover every HHSRS hazard except overcrowding.

The government's Phase 2 guidance says Phase 3 will extend the regulations to all the remaining HHSRS hazards except overcrowding, and gives no date. MHCLG's consultation on private renting, published on 9 October 2026, says more: its Table 4 lists "Phase 3 – 2027" for social housing, covering asbestos and manmade mineral fibres (MMF), indoor air pollutants, lead, radiation, entry by intruders, lighting, noise, water supply, flames and hot surfaces, and collisions, entrapment and ergonomics. In the Commons committee on 19 October 2026 the Minister for Housing and Planning, Matthew Pennycook, said: "next year we will expand the requirements of Awaab’s law to apply to the remaining hazards, as defined by the HHSRS, excluding overcrowding." No draft regulations for Phase 3 had been laid when we checked on 27 October 2026, so 2027 is the government's stated plan, not a commencement date. For private landlords, see Awaab's Law and private landlords.

The new "make safe" test

In Phase 1 a significant hazard is one a reasonable landlord would "take steps to make safe as a matter of urgency". The draft replaces that with "make safe within 15 working days", and removes "take steps to" from the emergency test, which becomes "make safe within 24 hours". The change applies to every significant hazard, damp and mould included.

The guidance explains how landlords should apply it:

• It is an objective test of what a notional reasonable landlord would do, not what the landlord's own budget or staffing allows.
• It turns on the actual household: age, physical and mental health and other vulnerabilities, the condition of the home and how likely and severe the harm is. A hazard does not need to be Category 1 under the HHSRS.
• Temporary measures count as making safe: cleaning mould and providing a dehumidifier, providing temporary heaters while a boiler is fixed, or restricting access to an unsafe area. Work to stop the hazard coming back is still required.
• Issues that could only be made safe through large-scale structural work, such as problems with large panel systems, fall outside Awaab's Law and must be dealt with under other legislation.

Ministers described the test the same way in Parliament. In the Lords Grand Committee on 13 October 2026, Lord Wilson of Sedgefield said for the government: "It is an objective test: what would a notional reasonable landlord do?" In the Commons committee on 19 October 2026, Matthew Pennycook said: "There is an objective test of what a notional reasonable landlord would do, and landlords should not factor in their own considerations, such as budget or staff availability." He said the 15 working day period was used "to align with the existing timescale of 10 working days to investigate and then five working days to make safe".

The hazards guidance sets no specific thresholds, for example on temperatures or the amount of damp and mould. It says landlords should use professional judgement case by case, and risk assessment tools such as the HHSRS where relevant.

The timescales, now for more hazards

These are the requirements set out in the Phase 2 guidance. Day 1 is usually the day after the landlord becomes aware of the potential hazard or the investigation concludes; the 24-hour emergency clock starts as soon as the landlord becomes aware.

What to record on a damp visit

An investigation must confirm whether there is a significant or emergency hazard and, if possible, identify the work needed to make the home safe and stop the hazard recurring. The guidance also notes that damp and mould and excess cold are often present together, and tells landlords to focus on fixing the issue rather than on which label applies. So the evidence from one visit may have to support more than one hazard.

Excess cold

The hazards guidance defines excess cold by whether the home can keep an appropriate internal temperature, taking account of heating, insulation, ventilation, thermal discomfort and the building's overall thermal performance. Its prompt questions point to what to write down:

• whether the heating, radiators or boiler work, and whether temporary heaters are in use;
• whether the bedrooms and living room can be kept warm, or the whole home is affected;
• broken, insecure or faulty windows, doors or openings, and draughts;
• room temperatures and humidity at the time, with the weather, since the guidance tells landlords to take the weather and likely indoor temperature into account.

One of the guidance's own examples is a broken living-room window handle in the home of a tenant with asthma worried about cold, damp air: a significant excess cold hazard, not an emergency. A complete loss of heating in cold weather for an older or unwell tenant is its example of an emergency.

Excess heat and ventilation

Excess heat is in scope where a defect stops the resident cooling the home, for example with ventilation or shading. Overheating caused only by hot weather is out of scope, but a broken window that prevents ventilation can bring it back in. Record windows that will not open and heating that cannot be turned off. In the Lords Grand Committee on 13 October 2026, Lord Wilson of Sedgefield said the government is "also developing guidance for landlords on practical steps to manage overheating and other temperature-related hazards". He gave no publication date.

Leaks, drainage and decay

Tracing the source of damp often finds the next hazard. The guidance lists persistent drainage leaks and blockages as possible significant domestic hygiene hazards, and escaping sewage or failed soil pipes as possible emergencies. For structural collapse it gives rotten floors and collapsing ceiling plasterwork as significant examples, and cracks appearing suddenly or rapidly worsening, for instance due to water ingress, or sagging ceilings, as possible emergencies. Record the location, extent, moisture readings and photos, and say whether the condition appears to be getting worse.

Know when to refer

The landlord must use an investigator it reasonably considers competent. The guidance says an electrical hazard should be investigated by a qualified and competent electrician, and that a damp investigation may conclude a structural survey is needed; in that case the safety work still goes ahead meanwhile, such as a dehumidifier and mould cleaning, or portable heaters for excess cold. Note what you saw, say who should investigate it, and leave the judgement outside your competence to them.

What the written summary needs

Your findings feed the landlord's written summary to the tenant. It must say whether the investigation found a significant or emergency hazard and what it is; any action required with a target timeframe to begin and complete it, or that none is required and why; and how to contact the landlord. The Phase 2 guidance adds an optional template.

How Phase 2 links to the Phase 1 damp and mould duties

• Same process: investigation, written summary, safety work, preventative work and alternative accommodation work as they have since 27 October 2025.
• New test for damp and mould too: from commencement, a damp and mould hazard is significant if a reasonable landlord would make it safe within 15 working days.
• Start points: the draft keeps 27 October 2025 as the relevant time for damp and mould and emergency hazards, and sets 30 November 2026 for the new hazard groups. A Phase 2 hazard the landlord knew about before then triggers the duties when it is reported again or materially changes after that time.
• Tenant can ask for a visit: standard investigations may be remote, but if the tenant asks for an in-person inspection the landlord must arrange one, within 10 working days of the request for a potential significant hazard.

For the Phase 1 duties in full, see our Awaab's Law guide. Scotland and Wales have their own rules: see Awaab's Law in Scotland and damp and hazard rules in Wales.

Where DampApp Pro fits

DampApp Pro is built for the person carrying out the visit, and it helps you record the evidence Phase 2 asks for:

• On site and offline: record each room, wall and defect with moisture readings and photos, with no signal needed.
• Temperature and humidity: readings give dew point and condensation risk, which helps separate condensation from leaks and shows how cold the rooms were on the day.
• Ventilation evidence: a fan schedule records each extractor's location, type and whether it worked when you tested it (see ventilation testing).
• HHSRS scoring as supporting evidence: score damp and mould, excess cold, falls and the other 2026 hazard profiles (see HHSRS scoring). A score does not decide whether Awaab's Law applies.
• Dated photos: the report can show each photo's capture time from its EXIF data, or the time it was added.
• A letter for the household (Pro): a plain-English summary letter drafted from the survey, which you edit to cover what a written summary must say.

Genuinely free to start: surveys work offline and free PDFs carry a small app footer. Upgrade to Pro when you're ready for your own branding, the resident letter and the full toolkit.

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