Compliance

Sometimes missed by landlords

The Ombudsman's phrase, not ours. Under an extended Awaab's Law, missing it becomes a breach.

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On 2 July the Housing Ombudsman published its latest Learning from Severe Maladministration report. It is about roof leaks, and it is a hard read. Water running down the wall of a child's bedroom for two years. A resident recovering from chemotherapy unable to use their bedroom. Families emptying buckets when it rains. In one home, a child's television catching fire.

Nine landlords are named. But the most useful line in the report is not a case study. It is a diagnosis, from Housing Ombudsman Richard Blakeway, of why these failures keep happening.

"Reported changes to the condition of the home or the resident's circumstances are sometimes missed by landlords, when an emergency action could be required."

Missed. Not refused. Not deprioritised. Not queued behind something more urgent. Missed.

The cases pre-date the law. The lesson doesn't.

Worth being precise, because the report is: the named cases were investigated before Awaab's Law came into force. The Ombudsman's argument is that they rhyme with what he is already seeing in early Awaab's Law investigations, and with what the incoming Decent Homes Standard will demand. What he lists from those early investigations is the part worth reading twice.

  • Inadequate risk assessments.
  • Unexplained delays.
  • Unevidenced reports of no access.
  • No consideration of temporary moves.
  • Changes to the condition of the home going unnoticed.

Not one of those is a shortage of scaffolders. Every one is a failure of information and follow-through. Somebody didn't know. Or somebody knew, nothing happened, and there is no record that nothing happened. This is a detection and escalation problem wearing a repairs problem's coat.

Why an extended Awaab's Law makes it urgent

The Ombudsman is explicit about what comes next: under an extended Awaab's Law, landlords will be under pressure to take more immediate and effective action rather than waiting for planned works. Phase 1 has covered damp and mould since October 2025. Phase 2, expected during 2026, widens the statutory duties across a far larger set of HHSRS hazards — excess cold and excess heat, falls, structural collapse, fire and electrical, hygiene.

Consider what excess cold does to the detection problem specifically.

Excess cold leaves no stain

Damp eventually becomes visible. Somebody sees a black patch on a wall. It is ugly and undeniable and it generates a complaint. Excess cold generates nothing. A flat sitting at 15°C all winter looks exactly like a flat sitting at 21°C. There is nothing to photograph and nothing to smell. If a resident is elderly, or unwell, or simply doesn't want to be a nuisance, it may never be reported at all — and on the Ombudsman's own findings, landlords are already missing the changes that are reported.

You cannot inspect your way out of that. An annual survey is a photograph of one afternoon. A hazard that arrives in November and persists until March does not care that somebody visited in June. The same logic runs well beyond housing: in a classroom the standard is BB101 rather than HHSRS, but the failure mode is identical — nobody was watching between visits.

"We didn't know" is running out of road

The statutory clock starts when the landlord becomes aware. Which creates an incentive nobody will say out loud: the less you monitor, the later you become aware, and the later the clock starts.

That gap is closing. The Ombudsman is already treating a missed change in condition as a failing rather than as bad luck. When a case reaches investigation, the question is not simply whether you responded to the complaint. It is what you knew, when you knew it, and what you did about it. If the honest answer is that nothing happened because nobody was looking, that is not a defence. It is the finding.

Monitoring, on its own, is not the answer either

This is the point at which the sector reaches for a dashboard, and it is the point at which we would push back on ourselves. Data with no hands attached does not close a hazard. A screen showing fifty amber rooms and no owner for any of them has made nobody safer, and it produces nothing an Ombudsman would accept as evidence. Better information with no capacity to act simply loads a stretched team with more problems than it can fix.

To be worth anything against a statutory duty, monitoring has to do three things, not one.

  • Measure against the right standard. A reading of 17°C means one thing in a plant room, another in an elderly resident's living room, another in a classroom. The reading has to be judged automatically against the standard that room is actually held to.
  • Turn the breach into an owned task. Not an alert into a void. A job with a location, a standard, a suggested fix, a named role and a deadline — pushed into wherever the team already works.
  • Chase it until it closes, and log the chase. If nothing happens inside the window, it escalates. Every step recorded, so the audit trail builds itself rather than being reconstructed under pressure eighteen months later.

That last one matters more than it sounds. The landlords in this report did not fail only because homes were cold or wet. They failed because when the questions came, they could not show a timeline. The evidence did not exist, because nothing had been designed to create it.

The point

Read as a warning about roof leaks, the report is depressing and not much else. Read properly, it is a precise description of the operational gap an extended Awaab's Law is about to make statutory: conditions change, nobody notices, nobody is chased, nothing is recorded.

Four failures. Every one of them is addressable — and not one of them is addressed by another dashboard. Continuous evidence, checked against the standard, converted into an owned task, chased until it closes.

That is the difference between having data and having a defence.
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