The importance of data in protecting housing providers in disrepair cases
The housing sector is facing a sharper focus on property conditions and landlord accountability than ever before. Awaab’s Law, which was prompted by the tragic death of two-year-old Awaab Ishak due to prolonged mould exposure and introduced in the Social Housing (Regulation) Act 2023, is the clearest example of this.
The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 require landlords to investigate and remedy hazards within statutory timescales, focusing on emergency hazards and damp and mould from 27 October 2025.
It should also be remembered that tenants can take action for disrepair within their properties pursuant to section 11 of the Landlord and Tenant Act 1985, which implies into most tenancies an obligation on landlords to keep in repair the structure, exterior and key installations of the dwelling. These claims can be pursued in the county court, generally within six years.
Alongside this, the Homes (Fitness for Human Habitation) Act 2018 allows tenants to take legal action against landlords who fail to maintain safe living conditions and the upcoming Renters’ Rights Bill is expected to impose further landlord obligations. The combination of these legal frameworks enforce the fact that tenants have a right to live in safe, healthy homes and landlords are expected to act swiftly and be able to evidence compliance at every stage.
Housing condition claims
Traditionally, landlords’ responses to housing conditions claims have often been reactive: tenants raise complaints, repairs are logged and, if problems persist, legal action may follow.
Solicitors acting for tenants will typically request disclosure of repair logs, inspection records and correspondence. Many cases hinge not only on whether disrepair existed, but also whether landlords can evidence what was done, when and that the works were satisfactory. A missing repair log, an unrecorded inspection or an ambiguous note can undermine a landlord’s defence, even when remedial works have been carried out.
Awaab’s Law
Awaab’s Law is set to change the landscape. Under Awaab’s Law, if a landlord has reason to believe a home is affected by a significant hazard, they must investigate within 10 working days, produce a written summary of their findings within three working days thereafter and complete the necessary repairs within a reasonable period. Landlords must complete any emergency repairs within 24 hours. Failure to do so risks regulatory scrutiny, reputational damage and increased exposure to tenants’ claims for damages.
This creates two immediate challenges:
Operational – Housing providers must quickly pull together resources to meet the legally-binding timescales;
Evidential – Housing providers must accurately show that they met the timescales.
Solicitors who act for tenants are likely to seize on these statutory deadlines where landlords cannot produce clear records of their actions.
For landlords, the risk is increasing because now, not only do repairs have to be undertaken, but evidence of compliance must be robust, transparent and readily accessible.
The importance of data and technology
This is where data can become the strongest tool in landlords’ strategies. Accurate, structured and accessible data offers multiple protections:
- Proof of compliance – A robust digital audit trail of reports, repairs, inspections and communications demonstrates that landlords have acted in line with requirements.
- Early identification of risk – Sensors, remote monitoring and integrated asset management systems can detect problems such as damp before they escalate, allowing proactive intervention. Moisture, temperature and air quality sensors, for example, can detect damp or mould risks long before they become visible. This enables landlords to intervene proactively, resolving disputes earlier and preventing legal disputes. Solutions from providers such as Aico can monitor environmental conditions, feeding data back to landlords and highlighting risks before tenants even raise a concern.
- Consistency across portfolios – Centralised data systems help landlords ensure that standards are being met across their portfolios.
- Reducing legal vulnerability – With comprehensive records, landlords can successfully defend allegations of delays in investigating or remedying hazards, narrowing the scope of disputes and sometimes even deterring litigation altogether.
- Supporting investment decisions – Data does not merely protect against claims, it guides long-term asset strategies, ensuring investment is channelled where disrepair risks are highest.
As the housing sector is entering a period of heightened scrutiny, technology is no longer a bonus, but increasingly becoming a necessity. By embracing technology, landlords are not only better equipped to defend themselves in housing conditions claims but also in a better position to deliver safer, healthier homes.
Faye Craggs is a senior associate at Trowers & Hamlins LLP.
