PART 1 Introduction

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.

(2) These Regulations come into force on 27th October 2025.

(3) These Regulations extend to England and Wales.

(4) These Regulations apply to lessors of social homes in England (whenever the lease was granted).

Interpretation

2. In these Regulations—

“ associated investigation ” means, in relation to a relevant investigation, another relevant investigation into the same issue of concern;

“ cladding work ” means—

“ competent investigator ” means a person that, in the reasonable opinion of the lessor, has the skills and experience necessary to determine whether a social home is affected by a significant hazard or emergency hazard;

“ emergency hazard ” has the meaning given in regulation 3;

“ emergency investigation ” means an investigation under regulation 5(4)(a)(i) (emergency action: investigation) and includes any investigation that began but was not completed under regulation 6 (standard investigation) or 7 (renewed investigation) because regulation 5 (emergency action) began to apply;

“ further investigation ” means an investigation under regulation 8;

“ issue of concern ” means—

“ make safe ” means, in relation to a social home affected by a significant hazard or emergency hazard, to remove the hazard in question, except in regulation 3;

“ relevant investigation ” means—

“ relevant matter ” means a matter or circumstance that is or may be a significant hazard or emergency hazard affecting a social home;

“ relevant safety work ” means any required work necessary to make a social home safe that is not cladding work;

“ renewed investigation ” means an investigation under regulation 7;

“ required work ” has the meaning given in regulation 4;

“ significant hazard ” has the meaning given in regulation 3;

“ social home ” means a dwelling let under a lease to which section 10A of the Landlord and Tenant Act 1985 (remedying of hazards occurring in dwellings let on relevant social housing leases) applies;

“ standard investigation ” means an investigation under regulation 6;

“ work ” has the meaning given in regulation 4;

“ working day ” means any day other than—

Meaning of “significant hazard” and “emergency hazard”

3.—(1) In these Regulations—

(a) “ significant hazard ” means, in relation to a social home, a relevant hazard that poses a significant risk of harm to the health or safety of an occupier of the social home;

(b) “ significant risk of harm ” means a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe as a matter of urgency (but not within 24 hours);

(c) “ emergency hazard ” means, in relation to a social home, a relevant hazard that poses an imminent and significant risk of harm to the health or safety of an occupier of the social home;

(d) “ imminent and significant risk of harm ” means a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe within 24 hours.

(2) In paragraph (1)—

“ relevant hazard ” means a hazard affecting a social home that—

“ relevant knowledge ” means the knowledge that the lessor of the social home has, or reasonably ought to have, about the health and circumstances of the occupier.

(3) For the purposes of paragraph (2), a lessor is “responsible” for a building, part of a building or land if—

(a)the lessor is required, under a lease or by virtue of an enactment, to repair or maintain it, or

(b) the lessor holds a legal estate in possession in it and no other person is required, under a lease or by virtue of an enactment, to repair or maintain it (but the reference to “ possession ” does not include the receipt of rents and profits or the right to receive the same).

Meaning of “required work” etc.

4. In these Regulations—

“ required work ” means, in relation to a significant hazard or emergency hazard affecting a social home, any work—

“ work ” includes any action to make a home safe.

PART 2 Requirement to take emergency action

Requirement to take emergency action

5.—(1) This regulation applies if Condition 1 or 2 applies.

(2) Condition 1 is that a lessor of a social home—

(a)becomes aware of an issue of concern in relation to the social home, and

(b)has reasonable grounds to believe that there is an emergency hazard affecting the social home (whether those grounds arise at the time the lessor becomes aware of the issue of concern or at a later time) but a relevant investigation has not so concluded.

(3) Condition 2 is that—

(a)a relevant investigation concludes that there is an emergency hazard affecting a social home, and

(b)that investigation, or a subsequent associated investigation, identifies relevant safety work in relation to that hazard.

(4) Subject to paragraph (6), the lessor must secure that as soon as reasonably practicable, but before the end of the emergency action period—

(a)where Condition 1 applies—

(i)an investigation of the relevant matter is completed by a competent investigator, and

(ii)where that investigation concludes that there is an emergency hazard and identifies relevant safety work in relation to that hazard, the relevant safety work is completed;

(b)where Condition 2 applies, the relevant safety work is completed.

(5) Where the lessor complies with Part 6 (temporary rehousing etc.) , paragraph (4) is to be read as if “, but before the end of the emergency action period” were omitted.

(6) The requirement in paragraph (4)(a)(ii) or (b) ceases to apply from the time that any of the following events occur—

(a)where the relevant safety work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent,

(b)a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or

(c)a subsequent associated investigation concludes that there is no relevant safety work in relation to the hazard in question.

(7) An emergency investigation—

(a)must determine whether the social home is affected by a significant hazard or emergency hazard,

(b)must, if possible, determine what work (if any) is required work in relation to any such hazard,

(c)must, for the purposes of sub-paragraph (a), take into account any information provided by the lessee or any third party as to the impact of the relevant matter on, and the risk that the relevant matter poses to, the health or safety of an occupier of the social home, and

(d)may consider any other relevant information.

(8) In this regulation, “ emergency action period ” means the period of 24 hours beginning—

(a)where Condition 1 applies, at the time that Condition 1 begins to apply, or

(b)where Condition 2 applies, at the time that the investigation that identifies the relevant safety work is completed.

PART 3 Investigation of hazards

Requirement to undertake standard investigation

6.—(1) This regulation applies if—

(a)a lessor of a social home becomes aware of an issue of concern in relation to the social home, and

(b)Condition 1 in regulation 5 (reason to believe emergency hazard affecting home) does not apply.

(2) The lessor must secure that an investigation of the relevant matter is completed by a competent investigator before the end of—

(a)the standard investigation period, or

(b)if the lessee requests a physical inspection of the relevant matter before the investigation is completed, the extended investigation period.

(3) The investigation—

(a)must determine whether the social home is affected by a significant hazard or emergency hazard,

(b)must, if possible, determine what work (if any) is required work in relation to any such hazard,

(c)must include a physical inspection of the relevant matter if, before the investigation is completed, the lessee so requests,

(d)must, for the purposes of sub-paragraph (a), take into account any information provided by the lessee or any third party as to the impact of the relevant matter on, and the risk that the relevant matter poses to, the health or safety of an occupier of the social home, and

(e)may consider any other relevant information.

(4) In this regulation—

“ standard investigation period ” means the period of 10 working days beginning on the day after the day on which the lessor becomes aware of the issue of concern;

“ extended investigation period ” means the period of 10 working days beginning on the day after the day on which the lessee requests the physical inspection.

Requirement to undertake renewed investigation including physical inspection

7.—(1) This regulation applies if—

(a)since the lessor of the social home became aware of an issue of concern, an emergency or standard investigation of the relevant matter has been completed but no physical inspection of the relevant matter was undertaken as part of that investigation,

(b)any preventative work identified by that investigation has not been begun,

(c)regulations 5(4)(a)(ii) or (b) (emergency action: relevant safety work) and 8 (further investigation) do not apply.

(2) If the lessee requests a physical inspection of the relevant matter, the lessor must secure that a renewed investigation of the relevant matter is completed by a competent investigator before the end of the period of 10 working days beginning on the day after the day on which the lessee makes that request.

(3) The renewed investigation—

(a)must determine whether the social home is affected by a significant hazard or emergency hazard,

(b)must, if possible, determine what work (if any) is required work in relation to any such hazard,

(c)must include a physical inspection of the relevant matter,

(d)must, for the purposes of sub-paragraph (a), take into account any information provided by the lessee or any third party as to the impact of the relevant matter on, and the risk that the relevant matter poses to, the health or safety of an occupier of the social home, and

(e)may consider any other relevant information.

(4) In this regulation, “ preventative work ” means, in relation to a significant hazard or emergency hazard, any required work that is necessary to ensure, so far as is possible, that the hazard in question does not recur (whether or not that work is also necessary to make the social home safe).

Requirement to undertake further investigation

8.—(1) This regulation applies if a standard, renewed or emergency investigation concludes that a social home is affected by a significant hazard or emergency hazard but that a further investigation is necessary to determine—

(a)what work (if any) is required work in relation to the hazard in question, or

(b)any other matter relevant to any required work (apart from whether the social home is affected by a significant hazard or emergency hazard).

(2) The lessor must secure that the further investigation is completed by a competent investigator as soon as reasonably practicable.

(3) The further investigation—

(a)must include a physical inspection of the relevant matter if—

(i)before the investigation is completed, the lessee so requests, and

(ii)no physical inspection was undertaken as part of a previous associated investigation, and

(b)may consider any relevant information.

PART 4 Requirement to provide written summary following investigation

Requirement to provide written summary following investigation

9.—(1) This regulation applies following a relevant investigation unless—

(a)the relevant investigation identifies required work, and

(b)the required work is completed before the end of the relevant period.

(2) The lessor must, before the end of the relevant period, give the lessee a document setting out the information specified in paragraph (3).

(3) The following is the specified information—

(a)where the investigation was an emergency, standard or renewed investigation—

(i)whether or not the investigation identified a significant hazard or emergency hazard, and

(ii)where such a hazard was identified, what that hazard is;

(b)where further action is required under these Regulations, what that action is and a target timescale for beginning and completing the action;

(c)where sub-paragraph (b) does not apply, that there is no further action required under these Regulations, and the reasons why;

(d)information about how the lessee may contact the lessor.

(4) In this regulation, “ the relevant period ” means the period of 3 working days beginning on the day after the day on which the relevant investigation is completed

Giving of documents under regulation 9

10. A document that is required to be given to the lessee under regulation 9 may be given by—

(a)being delivered personally to the lessee,

(b)being left at the social home,

(c)being sent to the social home by first class post (or equivalent service which provides for next day delivery in the majority of cases), or

(d)being transmitted electronically to an address or number provided by the lessee to the lessor for the purpose of receiving communications from the lessor in relation to the lease or the social home,

and the time at which it is given is the time that it is delivered, left, posted, entrusted to a service equivalent to first class post or transmitted, as the case may be.

PART 5 Non-emergency action

Requirement to make safe: significant hazards

11.—(1) Paragraph (2) applies if a relevant investigation identifies relevant safety work in relation to a significant hazard that was not identified by a previous associated investigation.

(2) Subject to paragraph (3), the lessor must secure that the relevant safety work is completed—

(a)within the period of 5 working days beginning on the day after the day on which the relevant investigation is completed, or

(b)where the lessor complies with Part 6 (temporary rehousing etc.), as soon as reasonably practicable thereafter.

(3) The requirement in paragraph (2) ceases to apply from such time that any of the following events occur—

(a)where the relevant safety work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent,

(b)a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or

(c)a subsequent associated investigation concludes that there is no relevant safety work in relation to the hazard in question.

Requirement to keep safe

12.—(1) This regulation applies where relevant safety work in relation to a significant hazard or emergency hazard affecting a social home has been completed.

(2) Where a relevant investigation concludes that a further investigation is necessary to determine whether any supplementary preventative work is required in relation to the hazard, the lessor must secure that the social home is kept safe until the further investigation is completed.

(3) Where a relevant investigation identifies relevant supplementary preventative work in relation to the hazard, the lessor must secure that the social home is kept safe until that work is completed, subject to paragraph (4).

(4) The requirement in paragraph (3) ceases to apply from such time that any of the following events occur—

(a)where the relevant supplementary preventative work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent,

(b)a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or

(c)a subsequent associated investigation concludes that there is no relevant supplementary preventative work in relation to the hazard in question.

(5) In this regulation—

“ keep safe ” means, in relation to a social home where relevant safety work has been completed, to keep the social home in the condition it is in on completion of that work;

“ relevant supplementary preventative work ” means, in relation to a significant hazard or emergency hazard, any required work that—

Supplementary preventative work

13.—(1) Subject to paragraph (5), paragraphs (2) to (4) apply where a relevant investigation identifies any relevant supplementary preventative work that was not identified by a previous associated investigation and—

(a)does not conclude that a further investigation is necessary before the relevant supplementary preventative work can be begun, or

(b)concludes that a further investigation is necessary before the relevant supplementary preventative work can be begun and that further investigation is completed.

(2) Before the end of the period of 5 working days beginning with the relevant day, the lessor must—

(a)begin the relevant supplementary preventative work, or

(b)where it is not reasonably practicable to begin the relevant supplementary preventative work before the end of that period, take steps to secure that the relevant supplementary preventative work begins in accordance with paragraph (3).

(3) Where paragraph (2)(b) applies, the lessor must secure that the relevant supplementary preventative work begins—

(a)as soon as reasonably practicable, but

(b)before the end of the period of 12 weeks beginning with the day after the day on which the relevant investigation that determined that the social home is affected by a significant hazard or emergency hazard is completed.

(4) The lessor must secure that the relevant supplementary preventative work is completed within a reasonable period.

(5) The requirements in paragraphs (2) to (4) cease to apply from such time that any of the following events occur—

(a)where the relevant supplementary preventative work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent,

(b)a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or

(c)a subsequent associated investigation concludes that there is no relevant supplementary preventative work in relation to the hazard in question.

(6) In this regulation—

“ relevant day ” means—

“ relevant supplementary preventative work ” has the meaning given by regulation 12(5).

Requirement to keep the lessee updated

14.—(1) This regulation applies if a relevant investigation identifies required work.

(2) The lessor must take reasonable steps to keep the lessee informed about the timing and progress of the required work until the appropriate time.

(3) In paragraph (2), “ the appropriate time ” means such time that—

(a)the required work is completed,

(b)where the required work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent,

(c)a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or

(d)a subsequent associated investigation concludes that there is no required work in relation to the hazard in question.

(4) The lessor must inform the lessee when the required work is completed.

(5) Where a circumstance mentioned in paragraph (3)(b), (c) or (d) arises, the lessor must, as soon as reasonably practicable, give the lessee a document setting out—

(a)that there is no further action required under these Regulations, and the reasons why, and

(b)information about how the lessee may contact the lessor.

(6) Regulation 10 applies to the giving of a document required to be given to the lessee under paragraph (5) as it applies to the giving of a document required to be given to the lessee under regulation 9.

PART 6 Temporary rehousing etc.

Application of this Part

15.—(1) This Part applies if—

(a)a relevant investigation concludes that a social home is affected by a significant hazard or emergency hazard, and

(b)that investigation or a subsequent associated investigation—

(i)identifies relevant safety work in relation to that hazard and the lessor is, or is likely to be, unable to secure that the relevant safety work is completed within the initial remediation period, or

(ii)concludes that a further investigation is necessary to determine what work (if any) is relevant safety work in relation to that hazard where the lessor—

(aa)has reasonable grounds to believe that a further investigation will identify relevant safety work, and

(bb)is, or is likely to be, unable to secure that the further investigation is completed within the initial remediation period.

(2) In this Part—

“ assumed rehousing period ” means the period—

“ initial remediation period ” means—

Temporary rehousing

16.—(1) The lessor must secure the provision of suitable alternative accommodation to the lessee’s household, at no cost to the lessee, from the time that the initial remediation period ends until the appropriate time, unless the lessee refuses an offer to secure such provision.

(2) In this regulation—

“ the appropriate time ” means such time that—

“ the lessee’s household ” means, in relation to a social home—

(3) For the purposes of sub-paragraph (b) of the definition of “the lessee’s household”, a person under the age of 18 years (“ C ”) will be taken to meet sub-paragraph (b)(i) of that definition if—

(a)a person within sub-paragraph (a) or (b) of that definition has caring responsibilities for C, and

(b)C usually stays overnight in the social home at least once per week and would have been expected to have continued to do so during the assumed rehousing period.

Provision of safety advice

17.—(1) This regulation applies unless the lessor has reasonable grounds to believe that the social home will be unoccupied for the whole of the assumed rehousing period.

(2) The lessor must give the lessee a document setting out the information mentioned in paragraph (3) before the end of the initial remediation period or as soon as reasonably practicable thereafter.

(3) The information that must be given under paragraph (2) is—

(a)where the lessor considers that action by an occupier can sufficiently mitigate the risk of harm, information about any action that can, for the time being, reasonably be taken, or avoided, by occupiers of the social home to sufficiently mitigate the risk of harm until the relevant safety work is completed, or

(b)where sub-paragraph (a) does not apply—

(i)a statement that the lessor does not think that any such steps can sufficiently mitigate the risk until that time, and

(ii)information about any action that can, for the time being, reasonably be taken, or avoided, by occupiers of the social home to reduce the risk of harm until the relevant safety work is completed.

(4) In this regulation, “ sufficiently mitigate the risk of harm ” means to reduce the risk of harm to the health or safety of an occupier posed by a significant hazard or emergency hazard to a level that, in the reasonable opinion of the lessor, is tolerable for continued occupation.

(5) Regulation 10 applies to the giving of a document required to be given to the lessee under paragraph (2) as it applies to the giving of a document required to be given to the lessee under regulation 9.

PART 7 General

Restriction on contracting out

18. Any provision of a lease of a social home or of any agreement relating to such a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports—

(a)to exclude or limit the obligations of the lessor under the covenant implied by section 10A(2) of the Landlord and Tenant Act 1985, or

(b)to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of the lessee enforcing or relying upon those obligations.

Availability of specific performance

19. Where in any proceedings before a court it is alleged that a lessor is in breach of an obligation under the covenant implied by section 10A(2) of the Landlord and Tenant Act 1985, the court may order specific performance of the obligation (regardless of any equitable rule restricting the scope of that remedy).

Implied covenant allowing entry

20.—(1) In a lease of a social home, there is implied a covenant by the lessee that the lessor, or a person authorised in writing by the lessor, may enter the social home for the purposes of complying with any requirement under these Regulations that is applicable in relation to the social home.

(2) The covenant implied by paragraph (1) requires entry to the social home to be permitted—

(a)only at reasonable times of the day, and

(b)only if at least 24 hours’ notice in writing has been given to the occupier of the dwelling.

Transitional provision: prior awareness of relevant matters

21.—(1) This regulation applies in relation to a relevant matter in relation to a social home of which the lessor became aware before the relevant time.

(2) Regulation 2 (interpretation) has effect as if—

(a) after the definition of “emergency investigation” there were inserted—

““first reported” means, in relation to a concern reported after the relevant time, reported to the lessor for the first time after the relevant time (whether or not the concern was previously reported);”;

(b) for the definition of “issue of concern” there were substituted—

““issue of concern” means—

“prior awareness relevant matter” means a relevant matter of which the lessor of the social home affected became aware before the relevant time;”;

(c) after the definition of “relevant matter” there were inserted—

““relevant time” means, in relation to a relevant matter in relation to a social home—

(3) Regulation 5 (requirement to take emergency action) has effect as if—

(a)for paragraphs (1) and (2) there were substituted—

“5.—(1) This regulation applies if any of the following conditions apply.

(2) Condition 1A is that—

(a)a concern about a prior awareness relevant matter is first reported after the relevant time, and

(b)the lessor has reasonable grounds to believe that an emergency hazard is affecting the social home (whether those grounds are present, or arise, at the time the concern is first reported or arise at a later time) but a relevant investigation has not so concluded.

(2A) Condition 1B is that—

(a)a lessor of a social home becomes aware after the relevant time of a material change relating to a prior awareness relevant matter, and

(b)the lessor has reasonable grounds to believe that an emergency hazard is affecting the social home (whether those grounds are present, or arise, at the time the lessor becomes aware of the material change or arise at a later time) but a relevant investigation has not so concluded.”;

(b) in paragraphs (4)(a) and (8)(a), for “Condition 1”, in each place, there were substituted “Condition 1A or 1B” .

(4) Regulation 6 (requirement to undertake standard investigation) has effect as if—

(a)for paragraph (1) there were substituted—

“6.—(1) This regulation applies if—

(a)either—

(i)a concern is first reported after the relevant time about a prior awareness relevant matter (“relevant concern”), or

(ii)a lessor of a social home becomes aware after the relevant time of a material change relating to a prior awareness relevant matter (“relevant material change”), and

(b)Conditions 1A and 1B in regulation 5 (reason to believe emergency hazard affecting home) do not apply.”;

(b) in paragraph (4), for the definition of “standard investigation period” there were substituted—

““standard investigation period” means the period of 10 working days beginning on the day after the day on which—

Saving provision: lease ceasing to be relevant social housing lease

22. —(1) This regulation applies where the covenant in section 10A(2) of the Landlord and Tenant Act 1985 (“the implied covenant”) ceases to be implied in a lease because the lease ceases to be a relevant social housing lease( 5 ).

(2) Where the implied covenant ceases to be implied in the lease because the lessor ceases to be a registered provider of social housing, any requirement under these Regulations that arises before that occurs continues to have effect.

(3) Despite the fact that the implied covenant ceases to be implied in the lease, the lessor continues to be liable for—

(a)any breach of a requirement under these Regulations which occurs before the implied covenant ceases to have effect;

(b)any breach of a requirement under these Regulations that continues to have effect by virtue of paragraph (2).

Review

23.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before 27th October 2030.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) A report published under this regulation must, in particular—

(a)set out the objectives to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “ regulatory provision ” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 ( 6 ) (see section 32 of that Act ).