What to Do If Your Landlord Breaks Awaab’s Law: Your Legal Options

What does it mean for a landlord to “break” Awaab’s Law?

A landlord breaks Awaab’s Law when it misses one of the legal deadlines for dealing with a hazard in your home. This matters because, in social housing tenancies, Awaab’s Law is built into the tenancy as an implied term under section 10A of the Landlord and Tenant Act 1985 — so a social landlord that misses a deadline is in breach of contract, not merely failing a guideline.

There is a statutory defence. Under section 10A(5), a landlord is not liable if it can prove it used all reasonable endeavours to avoid the breach — a high bar, since the landlord has to show it genuinely did everything it reasonably could. That defence is not the only obstacle, though: a claim can also fail on other grounds — for example where the hazard, the timing, or the available evidence does not meet the legal tests.

Which deadlines count as a breach?

A breach happens when the landlord misses one of the statutory clocks. In short — the timescales guide has the full detail and worked examples — those clocks are:

• emergency hazards must be made safe within 24 hours;
• the hazard must be investigated within 10 working days;
• safety work for a significant hazard must be completed within 5 working days; and
• preventative work — fixing the underlying cause — must begin within 5 working days by default.

If your landlord has let any of those deadlines pass without acting, it may be in breach, and the routes below are open to you. Separately, where an emergency or significant hazard cannot be made safe within the deadline, the regulations require the landlord to arrange suitable temporary accommodation (under Part 6 of the regulations) until the home is safe — see the timescales guide for how this works.

What are your options if the landlord misses a deadline?

You have three main routes, and they can run in parallel — you do not have to pick just one. You can complain and escalate to the Housing Ombudsman; you can bring a disrepair claim in court; and you can report the hazard to your local council. Each does a different job, and each is explained below.

Route 1: Can I complain to the Housing Ombudsman?

Yes. Start by complaining to your landlord and working through its formal complaints process; if you are still not satisfied once that process is exhausted, you can escalate to the Housing Ombudsman Service, which is free to use. The Ombudsman can order the landlord to put things right and to pay compensation. This is often the most accessible first route. For the full detail of how the Ombudsman process works, the findings it can make, and the orders it can issue, see our penalties and enforcement guide.

One important limit: the Housing Ombudsman Service covers social landlords, so this route is for social housing tenants. If you rent privately you cannot currently use it — a separate ombudsman for the private rented sector is planned but not yet operating.

Route 2: Can I take my landlord to court?

Yes — you can bring a disrepair claim for the landlord’s breach of contract. Before issuing a claim, the process to follow is the Pre-Action Protocol for Housing Conditions Claims (England): you send the landlord a Letter of Claim, and the landlord should normally reply within 20 working days.

If the matter goes to court, the court can order the landlord to pay you compensation (damages for breach of contract) and to carry out the repairs (an order known as specific performance — under regulation 19 of the Awaab’s Law regulations, SI 2025/1042).

Please note: this is general information, not legal advice. Court action is a significant step, so it is worth getting advice before you send a Letter of Claim or issue a claim — for example from a solicitor or from Citizens Advice. Legal aid may be available for serious housing disrepair.

Route 3: Can the council take action against my landlord?

Yes — and this is a separate route from your own claim. Quite apart from anything you do yourself, you can report the hazard to your local council’s environmental health team. If the council decides to take enforcement action and the landlord then fails to comply, the council can impose a financial penalty of up to £40,000 (raised from £30,000 on 1 May 2026) under the Housing Act 2004. This council / environmental-health route applies whether you rent from a social or a private landlord — for private renters, it is the main route available right now.

It is important to be clear about how this works. That £40,000 is the council’s power, used in response to the council’s own enforcement action — it is not an automatic fine for breaking Awaab’s Law. Breaking Awaab’s Law does not by itself trigger a £40,000 penalty; the penalty only follows where the council has taken enforcement steps and the landlord has not complied. Think of it as a parallel pressure point, separate from your own contract claim.

How do I get evidence to back up my case?

Strong evidence makes every route above more effective — and most of it is evidence you can start gathering yourself today:

• Dated photos and videos of the damp, mould, or other hazard, taken as it develops over time.
• Your written reports and complaints to the landlord — and the landlord’s replies — kept together in one place.
• A record of missed or cancelled appointments, plus a simple dated log of the problem and how it is affecting your household.

One further tool, where you need records the landlord holds, is a Subject Access Request — your right of access under Article 15 of the UK GDPR. It lets you ask your landlord for copies of the records it holds about you and your home, such as repair logs and inspection reports. Whichever route you take — the Ombudsman, court, or the council — that paper trail is what makes your case.

What is the best first step?

Whichever route you choose, it usually starts in writing. Putting your landlord on notice clearly and in writing — setting out the hazard and the deadlines it has missed — is often what finally gets action, and it builds the record you will rely on later. Our template letters guide gives you wording to start from, and the Tenant Action Pack (£19.99) brings together ready-to-send letters covering the deadlines and the escalation routes described above.