Heatwaves And Awaab's Law: When Does Overheating Become A Housing Hazard? (6 July 2026)

With the UK experiencing increasingly frequent periods of extreme heat, many social landlords and tenants are asking whether dangerously hot homes could fall within the scope of Awaab's Law. While hot weather alone is unlikely to create legal liability, overheating caused or exacerbated by defects within a property may amount to a housing hazard that landlords are required to investigate and address.

As Awaab's Law continues to expand, understanding when overheating becomes more than a seasonal inconvenience is becoming increasingly important.

What is Awaab's Law?

Awaab's Law introduces strict legal requirements for social landlords to investigate and remedy serious housing hazards within prescribed timescales. The legislation was introduced following the death of two-year-old Awaab Ishak, whose death was linked to prolonged exposure to mould in his family's social housing property.

Initially focusing on damp and mould, the Government has confirmed its intention to extend the regime to additional housing hazards. Subject to the final regulations coming into force as planned, the next phase is expected during 2026 and will include hazards such as excess cold and excess heat where they present a significant risk of harm.

Does Awaab's Law Apply to Overheating?

Not every property that becomes warm during a heatwave will automatically fall within the scope of Awaab's Law.

The legislation is not concerned with the weather itself. Instead, it focuses on housing hazards arising from defects, disrepair or a lack of maintenance that fall within a landlord's responsibility. Government guidance makes clear that the relevant hazard must arise from something that is within the landlord's control.

This distinction is important. A property that becomes unusually warm because of a short period of exceptionally hot weather is unlikely, by itself, to engage Awaab's Law. However, where excessive heat is caused or significantly worsened by the condition of the property, the legal position may be different.

When Could Overheating Become a Housing Hazard?

Whether a property presents an excess heat hazard will depend on the particular facts of each case. Factors that may contribute to excessive overheating include:

• Inadequate natural ventilation.
• Defective or sealed windows that cannot be opened.
• Failed mechanical ventilation systems.
• Inadequate solar shading.
• Design or maintenance issues that cause a property to retain excessive heat.

There is unlikely to be a single temperature at which Awaab's Law automatically applies. Instead, any assessment will depend on the condition of the property, the cause of the overheating and the level of risk presented to the occupier.

Excess heat is already recognised as a potential hazard under the Housing Health and Safety Rating System (HHSRS), which is used to assess risks to occupants' health and safety. As Awaab's Law expands, landlords are expected to be required to respond to these hazards within prescribed timescales where they present a significant risk of harm.

The Importance of Individual Circumstances

The impact of overheating will not be the same for every household.

A property that presents only a limited risk to one occupier could pose a much greater danger to:

• Older people.
• Young children.
• Individuals with disabilities.
• Occupants with underlying medical conditions.

These individual circumstances are likely to form an important part of any assessment of whether an excess heat hazard exists.

Practical Considerations for Social Landlords

As temperatures continue to rise during the summer months, complaints about overheating should be taken seriously.

Social landlords should ensure that reports are:

• Recorded promptly.
• Investigated where appropriate.
• Assessed alongside the condition of the property.
• Considered in light of any vulnerabilities affecting the occupier.
• Properly documented, including any inspections and remedial works.

As with other housing hazards, identifying the underlying cause of the overheating will be essential before determining whether the issue falls within the scope of Awaab's Law.

Looking Ahead

The Government's current guidance indicates that, during 2027, Awaab's Law is expected to extend to almost all remaining hazards prescribed under the Housing Health and Safety Rating System, with the exception of overcrowding, where they present a significant risk of harm.

As the scope of the legislation broadens, social landlords may wish to review their procedures for responding to reports of overheating and consider whether any existing housing stock may be particularly susceptible to excessive heat during periods of high temperatures.

A Practitioner's Perspective

“The recent heatwave serves as a timely reminder that overheating is no longer a seasonal inconvenience. Whilst landlords are not responsible for the weather, they are responsible for responding appropriately where the condition of a property creates or contributes to a housing hazard that falls within their legal responsibilities.

For social landlords, this is an opportunity to review how complaints about overheating are managed, whether existing housing stock may be susceptible to excessive heat and whether appropriate investigations are being carried out where concerns are raised. Taking a proactive approach now is likely to reduce legal risk and, more importantly, help ensure that tenants are living in safe and habitable homes as Awaab's Law continues to expand.”