Awaab's Law: How Long Does a Landlord Have to Do Preventative Work?

The short answer

Under Awaab's Law, where an investigation identifies supplementary preventative work, the landlord must begin that work within 5 working daysby default (Reg 13(2)), counted from the day after the day on which the investigation is completed. The widely-quoted “12 weeks” is notthe rule: it is a backstop (Reg 13(3)(b)) that applies only where beginning within those 5 working days is not reasonably practicable — and even then the landlord must begin as soon as reasonably practicable, with 12 weeks (84 calendar days) as the outer limit. Once begun, the work must be completed within a reasonable period (Reg 13(4)); there is no fixed completion deadline.

What “preventative work” means

First, the plain-English bit. Preventative work means fixing the underlying cause of a hazard so that it does not come back — as opposed to the immediate make-safe work that removes the danger right now. The statutory term for it is relevant supplementary preventative work(Reg 12(5)). It is the step that stops, for example, damp and mould returning after the visible mould has been treated. Because it tackles the root cause, it sits on its own, more generous timetable — but, as the rest of this page explains, “more generous” does not mean “12 weeks as standard.”

The default: begin within 5 working days (Reg 13(2))

The starting point — and the figure to remember — is the 5-working-day default. Where an investigation has identified relevant supplementary preventative work, the landlord must begin that work within 5 working days, counted from the day after the day on which the investigation is completed (Reg 13(2)). Working days exclude weekends and bank holidays. This, not 12 weeks, is the rule.

The 12-week backstop — and the strings attached (Reg 13(3)(b))

So where does “12 weeks” come from? It is a backstop, not the standard. It applies only where it is not reasonably practicable to begin the preventative work within those 5 working days(Reg 13(3)(b)). And it comes with a condition: within the 5-working-day period, the landlord must take steps to secure that the works begin as soon as reasonably practicable. The 12 weeks (84 calendar days) — again counted from the day after the day on which the investigation is completed — is the outer limit for beginning the work, not a standard allowance to sit on. A landlord that could reasonably have started within 5 working days but waited 12 weeks has not complied.

Completion: “within a reasonable period” (Reg 13(4))

Note that everything above is about beginningthe work. Awaab's Law does not set a fixed deadline for finishing supplementary preventative work. Instead, once begun, the work must be completed within a reasonable period(Reg 13(4)). What is reasonable depends on the nature and scale of the work — but the duty is a real one, not an open-ended licence to delay.

When the clock starts

For both the 5-working-day default and the 12-week backstop, the clock is counted from the day after the day on which the investigation is completed. It is therefore anchored to the investigation, not to the date the tenant first reported the problem. Where a further investigation was needed to work out exactly what preventative work is required, the clock runs from the completion of that further investigation.

When the preventative-work duty can fall away

The duties to begin and complete supplementary preventative work do not run forever. They cease to apply (Reg 13(5)) from the point at which any of three things happens:

• Consent cannot be obtained despite genuine effort.Where the work cannot lawfully be carried out without another person's consent, the duty ceases once the landlord has exhausted all reasonable endeavours to obtain that consent (Reg 13(5)(a)). The mere absence of consent is not enough on its own; the landlord must have genuinely tried, and run out of reasonable options, first.
• A later investigation finds no qualifying hazard. Where a subsequent associated investigation concludes that the home is not affected by a significant or emergency hazard, the duty ceases (Reg 13(5)(b)).
• A later investigation finds no preventative work is needed. Where a subsequent associated investigation concludes that there is no relevant supplementary preventative work in relation to the hazard in question, the duty ceases (Reg 13(5)(c)).

How this fits with the faster make-safe deadlines

Preventative work is the slowest-tail duty in the regime, and it is easy to confuse with the faster ones. The immediate duties run on much shorter clocks: an emergency hazard must be made safe within 24 hours (see the 24-hour emergency rule), and for a non-emergency significant hazard the make-safe work is due within 5 working days. For the full set of Awaab's Law deadlines side by side, see the timescales guide; for the background to the law and who it applies to, see What is Awaab's Law?