On 30 November 2026, the second phase of Awaab's Law comes into force for every registered provider of social housing in England [1]. From that date, a social landlord in Merton, Wandsworth or Kingston who is told about a loose stair handrail, a cold flat with a broken boiler, or a cracked lintel over a window must investigate within fixed statutory timescales, and must fix it within fixed timescales too. Awaab's Law Phase 2 disrepair claims will turn on one thing more than any other: what a competent surveyor found when they inspected the home, and how well that evidence stands up in the County Court.
This article explains what changes on 30 November 2026, how the new duties fit with existing housing disrepair claims, and why expert surveyor evidence will be decisive in the disputes that follow.
Key Takeaways
- Phase 2 of Awaab's Law starts on 30 November 2026 and extends the regime from damp and mould to seven more hazard categories, including excess cold, falls, structural collapse, fire, electrical hazards and domestic hygiene [1].
- Social landlords must investigate a reported significant hazard within 10 working days, issue a written summary within 3 working days of the investigation ending, and complete safety work within 5 working days of that point [1]. Emergency hazards must be investigated and made safe within 24 hours.
- The duties are an implied term of the tenancy under section 10A of the Landlord and Tenant Act 1985, so a breach can be pursued in the County Court for damages or an order to do the works [1].
- Expert surveyor evidence, usually from a single joint expert under CPR Part 35, will decide most contested Awaab's Law Phase 2 disrepair claims. The new RICS expert witness standard, also effective 30 November 2026, raises the bar for that evidence [2].
- Phase 1 has applied since 27 October 2025. Phase 3, covering the remaining HHSRS hazards, is expected in 2027 [3].
What Awaab's Law Phase 2 Changes on 30 November 2026
Awaab's Law was introduced by the Social Housing (Regulation) Act 2023, which inserted section 10A into the Landlord and Tenant Act 1985. That section implies a term into social tenancies requiring landlords to comply with prescribed requirements on hazards [1]. The detail sits in the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (SI 2025/1042), which the Government is amending for Phase 2 through regulations laid before Parliament on 13 July 2026 [3].
Phase 1 came into force on 27 October 2025. It covered all emergency hazards plus damp and mould that posed a significant risk of harm [1]. Phase 2 keeps those and adds significant hazards in seven further categories drawn from the Housing Health and Safety Rating System (HHSRS):
A hazard is "significant" when a reasonable landlord with relevant knowledge of the occupier would make it safe within 15 working days. The test is objective, but the tenant's age, health and circumstances are taken into account. Budget and staffing constraints are not [1].
The Statutory Timescales Behind Awaab's Law Phase 2 Disrepair Claims
The Government's Phase 2 guidance sets out a clock that starts the moment the landlord becomes aware of a potential hazard [1].
Day one is normally the day after the triggering event, except for the 24-hour emergency window [1]. A landlord has a defence if it used all reasonable endeavours to comply, under section 10A(5), but whether it did so is a question for the court on the facts [1].
For a tenant in a Mitcham tower block or a converted Victorian terrace in Colliers Wood, the practical effect is simple. If the landlord misses the deadlines, the tenant has a claim for breach of an implied term of the tenancy, alongside the long-standing repairing obligation in section 11 of the 1985 Act and the fitness for human habitation duty in section 9A [1].
"The landlord must ensure the investigation is carried out by someone who, in the landlord's reasonable opinion, is competent." Government guidance on Phase 2 [1]
How Awaab's Law Phase 2 Disrepair Claims Will Be Run
Most housing conditions claims in England follow the Pre-Action Protocol for Housing Conditions Claims. The tenant's solicitor sends a letter of claim, the landlord discloses its repair records and should normally respond within 20 working days, and the parties usually agree a single joint expert surveyor to inspect the property [4]. That report then frames the whole case: the hazards present, their cause, the works needed, and the time they should take.
The protocol itself is changing on the same date as Phase 2. On 5 November 2026 it was reported that the Master of the Rolls has approved a revised Housing Conditions Protocol taking effect on 30 November 2026 [5]. The revised protocol expressly covers claims under section 10A for breach of the Hazards in Social Housing Regulations, places greater emphasis on alternative dispute resolution, and clarifies that full compliance may be inappropriate where urgent court action is needed to deal with a serious risk to health [5]. It does not change the landlord's statutory deadlines.
Phase 2 adds a second layer. Alongside the question "was the home in disrepair?", the court will now ask:
- When did the landlord become aware of the potential hazard?
- Did it investigate within 10 working days, and was the investigator competent for that hazard?
- Was the written summary issued within 3 working days of the investigation ending?
- Was the relevant safety work completed within 5 working days?
- If not, did the landlord use all reasonable endeavours?
Each of those questions is answered with documents and with expert evidence. Landlords that cannot show a dated inspection record, a hazard assessment and a works order will struggle to make out the section 10A(5) defence.
Tenants also have non-court routes: the landlord's complaints procedure and the Housing Ombudsman Service [1]. But where compensation or an order for works is sought, the County Court remains the forum, and it is there that surveyor evidence matters most.
Why Expert Surveyor Evidence Decides Awaab's Law Phase 2 Disrepair Claims
The single joint expert under CPR Part 35
In housing conditions claims, the court will usually restrict expert evidence to a single joint expert under CPR Part 35 and Practice Direction 35 [4]. That surveyor's overriding duty is to the court, not to the party who pays. Their report must set out the inspection, the defects found, the likely cause, whether each defect amounts to a hazard under the HHSRS, the works required and a reasonable timescale.
Under Phase 2, a good report will also address competence and timing. Was a loose handrail an obvious falls hazard that any competent inspector should have picked up? Did the signs of excess cold, such as condensation patterns or a failed heating system, exist at the date of the landlord's first inspection? These are matters of professional opinion, and the court will rely on the expert to answer them.
The Wimbledon Surveyors team has written before about what an expert witness surveyor does in property disputes and about lessons for surveyors acting as expert witnesses in UK property disputes. Both themes become sharper under Phase 2.
The RICS expert witness standard also changes on 30 November 2026
By coincidence of timing, the fifth edition of the RICS professional standard Surveyors acting as expert witnesses takes effect on the same day, 30 November 2026 [2]. It replaces the 2014 fourth edition and turns a UK practice statement into a global standard that separates mandatory "must" requirements from "should" guidance [6].
Key points for disrepair work include:
- Conflicts of interest must be disclosed in the report itself, including significant financial dependence on a repeat instructing party, which is a live issue for surveyors who inspect regularly for one landlord or one claimant firm [6].
- Any part of the work done by another person or process, including artificial intelligence, must be disclosed before accepting the appointment and identified in the report [6].
- Misleading a tribunal can occur through omission or an incomplete answer, not just a false statement [6].
A Phase 2 claim defended on a surveyor's report that quietly omits a fire-door defect, or that was drafted largely by software, will be exposed in cross-examination.
What a competent Phase 2 inspection should record
Whether the surveyor is acting for a landlord, a tenant or as a single joint expert, an inspection fit for an Awaab's Law Phase 2 claim should include:
- A dated, room-by-room record with photographs and moisture or temperature readings where relevant.
- An HHSRS-based assessment of each hazard and whether it is significant on the 15-working-day test.
- Identification of hazards that need a specialist, for example an electrician for electrical hazards or a structural engineer for suspected structural collapse [1].
- A schedule of works with priorities and realistic durations, so the court can test the 5-working-day and 12-week limits.
- Clear separation of fact, observation and opinion, as PD 35 requires.
A professional condition survey report from chartered surveyors in London already covers much of this ground, and a guide to surveyors working on council housing inspections explains how local authority stock is assessed.
What This Means in Wimbledon, Merton and South West London
The social housing stock across Merton, Wandsworth, Sutton and Kingston is mixed. Post-war estate blocks in Mitcham and Morden raise excess cold, electrical and structural questions. Converted Victorian terraces in Colliers Wood and South Wimbledon, often managed by housing associations, tend to raise damp, falls on steep stairs and fire compartmentation issues. Phase 2 brings all of these within statutory timescales.
For landlords, the priority before 30 November 2026 is to audit how hazard reports are logged, who carries out investigations and whether they are competent for the hazard in question, and how written summaries are issued. The Government has said there is no requirement for investigators to be HHSRS-qualified, but that the landlord must reasonably consider them competent [1]. For high-risk hazards, that will often mean instructing a chartered building surveyor.
For tenants and their advisers, the key is early, well-documented evidence. A report from an independent surveyor, obtained before or during the pre-action protocol, fixes the condition of the home at a point in time and makes the landlord's timescales measurable. Those who rent privately should note that Phase 2 applies only to social landlords, although the Renters' Rights Act framework, including the landlord database rolling out in South West London from December 2026, is tightening standards in the private sector too.
Frequently Asked Questions
Does Awaab's Law Phase 2 apply to private landlords?
No. From 30 November 2026 the duties apply to registered providers of social housing in England, including local authorities and housing associations [1]. The Government has consulted separately on extending Awaab's Law to the private rented sector, but no commencement date has been set for that.
Can a tenant claim compensation if the landlord misses a deadline?
Yes. Section 10A implies the requirements into the tenancy, so a breach is a breach of contract. A tenant can seek damages, an order for specific performance of the works, or both, in the County Court [1]. The landlord can defend the claim by showing it used all reasonable endeavours.
Who should inspect a Phase 2 hazard?
Someone the landlord reasonably considers competent. For electrical hazards that should be a qualified electrician; for suspected structural collapse a chartered surveyor or structural engineer [1]. In contested claims, the court will usually appoint a single joint expert surveyor.
What is Phase 3?
Phase 3, expected in 2027, will extend Awaab's Law to all remaining HHSRS hazards except overcrowding [3].
Conclusion
Awaab's Law Phase 2 disrepair claims will be decided on evidence: dated inspection records, HHSRS hazard assessments, schedules of works and the opinion of a competent surveyor whose overriding duty is to the court. With both the Phase 2 regulations and the new RICS expert witness standard taking effect on 30 November 2026, the quality of that evidence matters more than ever.
Social landlords across Wimbledon and South West London should audit their investigation and reporting processes now. Tenants and solicitors handling hazard complaints should secure an independent inspection early. And surveyors instructed on either side should prepare reports that would survive scrutiny under both CPR Part 35 and the fifth edition of the RICS standard.
References
- Awaabs Law Phase 2 Guidance for Social Landlords. gov.uk.
- Surveyors Acting as Expert Witnesses. rics.org.
- Second Phase of Awaabs Law Laid Before Parliament. cih.org.
- Prot Hou. justice.gov.uk.
- Master of the Rolls Approves Revised Housing Conditions Pre Action Protocol Taking Effect on 30 November. lexisnexis.co.uk.
- Rics Launches the Fifth Edition of Surveyors Acting as Expert Witnesses What Has Changed and Why IT Matters. whittlesurveyors.co.uk.