Cases a landlord already knew about before 30 November.

The rule in plain English

This is regulation 21 of the 2025 Regulations, as it will read from 30 November 2026 if the amending Regulations are made. It is a transitional rule.

It applies to a matter you became aware of before the “relevant time”. For that matter, the duties are triggered in two ways:

1. a concern about it is first reported to you after the relevant time; or
2. you become aware after the relevant time of a material change relating to it.

The GOV.UK guidance (section 12) says the same in general terms. The duties are only triggered when the landlord becomes aware of a potential hazard after the relevant time. They are also triggered by a material change to a hazard the landlord knew about before that time. If a concern about it is reported after that time, that triggers the requirements from the point of the report.

What “relevant time” means

27 October 2025

Significant damp, mould or fungal growth hazards, and emergency hazards

30 November 2026

Significant hazards linked to HHSRS Schedule 1 paragraphs 2, 3, 14A, 18A, 21, 22, 23, 23A or 29 (the Phase 2 hazards)

If later

The time the Regulations begin to apply to that social home

So a Phase 2 type hazard that is an emergency hazard has a relevant time of 27 October 2025, not 30 November 2026. The 30 November date is for significant hazards of those types.

A fictional example

Fictional example. In early October 2026 a tenant, Ana, tells her landlord that her bedroom is very cold because the loft has little insulation. The landlord notes it and plans work for the new year. Nothing else is reported. On Thursday 3 December 2026 Ana reports the same cold bedroom again.

Reading the text:

• The matter, excess cold, is a Phase 2 type hazard. The landlord knew about it before 30 November 2026, so it is a “prior awareness relevant matter”.
• The report on 3 December is a concern first reported after the relevant time. That makes it an issue of concern.
• If the landlord has no reason to believe it is an emergency, the standard investigation duty applies. The 10 working days begin on the day after the day the concern is first reported, which is Friday 4 December.
• Counting working days, with no bank holidays in that period, the period ends on Thursday 17 December 2026.

This is an illustration of how the words fit together. It is not advice on any real case.

A second fictional case. The landlord knew about a damp patch in October. There is no new report. On 8 December a contractor doing other work finds the damp has spread. That may be a “material change”, and the text then triggers the duties from the point the landlord becomes aware.

What the text does not settle

The Regulations do not define “material change”. The guidance (section 9.3) says that where there has been a material change in circumstances all relevant requirements are triggered again. It does not say what counts as one.

The definition of “first reported” says:

“reported to the lessor for the first time after the relevant time (whether or not the concern was previously reported)”.

This appears to mean a report made after the relevant time counts even if the same concern was reported before. The Regulations do not say more.

The text speaks of a concern being first reported, or a material change. It does not say what happens if the landlord itself looks into a matter it has known about since before 30 November, with no new report and no change. The text does not answer that.

The relevant time also includes “if later, the time that these Regulations begin to apply in relation to that social home”. The sources checked do not explain when that would be later.

The guidance describes the relevant time as the time the Regulations came into force for a hazard of that type. It does not mention 30 November 2026 in the passage checked. The regulation text does. Check the regulation itself.

If any of these points matters in a real case, take advice.

Planning ideas (suggestions, not legal requirements)

• Record the date you first became aware of each matter you know about now.
• Record each later report and each change, with the date and time.
• Keep a note of who decided whether something was a material change, and why.

What happens next

• The amending Regulations still need Commons approval and then to be made. The draft says they come into force on 30 November 2026.
• The Minister said he will write to all social landlords in England before then. That letter may help on these points.
• This guide will be updated when the Regulations are made or the guidance changes.

Sources

1. Regulations as they will apply from 30 November 2026, regulations 2 and 21 (GOV.UK PDF)
2. Draft amending Regulations (legislation.gov.uk)
3. Awaab’s Law Phase 2: Guidance for social landlords, sections 4, 5.1.1, 9.3 and 12 (GOV.UK)
4. Hazards in Social Housing Regulations 2025, regulation 21 as made (legislation.gov.uk)

General information, not legal advice. Check the primary source before relying on any statement, and take advice from a housing lawyer on your own position. Last reviewed 20 October 2026.