The new emergency and significant hazard tests, explained.

The two tests

The draft Regulations change regulation 3. They replace the words “take steps to make safe as a matter of urgency”. Here is what they say now, from the version GOV.UK has published.

A significant risk of harm is a risk “that a reasonable lessor with the relevant knowledge would make safe within 15 working days (but not within 24 hours)”.

An imminent and significant risk of harm is a risk “that a reasonable lessor with the relevant knowledge would make safe within 24 hours”.

A “lessor” is the landlord. A hazard must also be a “relevant hazard”, which has its own conditions, such as arising from something the landlord is responsible for. This guide is about the two time tests.

Who is the “reasonable landlord”?

The test is about a notional landlord. It is not about your landlord on your worst day.

The Minister told the Commons committee on 19 October 2026 that there is an objective test of what a notional reasonable landlord would do. He said landlords should not factor in their own considerations, such as budget or staff availability.

The GOV.UK guidance says the same in its own words. Landlords are not able to use their own circumstances as a reason not to address a hazard.

What the landlord should weigh up

The Minister said that to decide what a reasonable landlord would do, he would expect landlords to take into account:

• the risk to the tenant;
• information about the tenant’s health circumstances;
• how feasibly the hazard can be made safe within three weeks;
• whether a reasonable landlord would use temporary measures to make the hazard safe, where that is a necessary first step.

The Regulations define “relevant knowledge” as the knowledge the landlord has, or reasonably ought to have, about the health and circumstances of the occupier.

The GOV.UK guidance adds that a tenant does not need a specific vulnerability. It names the tenant’s circumstances, the severity of the hazard and the scale of the works as relevant. It gives the example that a broken boiler is a more severe issue in colder months. It also says a reasonable landlord may use temporary measures first, for example cleaning mould and providing a dehumidifier while wider works are scheduled. It says that does not remove the wider requirement to stop the hazard coming back within the Awaab’s Law timescales.

Why 15 working days

The Minister explained that tenants and landlords found it hard to tell an emergency hazard from a significant one in Phase 1. The old test asked about “taking steps” and “as a matter of urgency”. The draft uses fixed periods instead.

He said 15 working days lines up with the timescales that already apply: 10 working days to investigate, then 5 working days to make safe once the investigation concludes.

Fictional examples

These are made up. The Regulations do not list examples. They show the questions to ask, not the answer in any real case. The GOV.UK triage guidance has its own examples for each hazard.

Fictional example 1. A tenant, Sam, reports that a bedroom socket sparks and smells of burning when used. Questions to ask: What do we know about the home and the household? Could a reasonable landlord, knowing this, make the hazard safe within 24 hours, for example by isolating the circuit? If yes, the emergency test is the one to look at. Who decided, and what did they know?

Fictional example 2. A tenant, Priya, who has asthma, reports in January that the heating in her flat has stopped. Questions to ask: How severe is the risk to her, given her health? Can a reasonable landlord make the home safe within 24 hours, perhaps with temporary heating? If not, could it be made safe within 15 working days? Which test fits, and what did we record?

Fictional example 3. A tenant, Mo, reports loose paving slabs on the path to his front door. Nobody has fallen. Questions to ask: How severe is the risk? Would a reasonable landlord make it safe within 15 working days, perhaps by barring off the area first? Is it a hazard the landlord is responsible for?

A point that has been raised and is not settled

Shelter sent a briefing to the committee. It says the 15 working day definition could put tenants at risk where a home has no quick fix. Its example is a structural collapse hazard with no temporary fix. It says a landlord could argue such a hazard is out of scope.

In the debate the Minister explained the definitions and said the Government will respond to Shelter in full. This guide records the point and does not take a side.

The draft text does not say what happens to a hazard that no reasonable landlord could make safe within 15 working days. If that could be your case, take advice and look for the Government’s response.

What to record

The Regulations do not set a record keeping duty. GOV.UK recommends clear records as evidence of reasonable endeavours. A simple note of who made each decision, when, what they knew and what they weighed up would show the test was applied. This is a suggestion, not a legal requirement.

What happens next

• The draft Regulations still need Commons approval and then to be made. The draft says they come into force on 30 November 2026.
• The Government has said it will respond to Shelter. The Minister also said he will write to all social landlords in England before the Regulations come into force.
• This guide will be updated when the Regulations are made.

Hansard paraphrases: Contains Parliamentary information licensed under the Open Parliament Licence v3.0 (opens in a new tab).

Sources

1. Regulations as they will apply from 30 November 2026, regulation 3 (GOV.UK PDF)
2. Draft amending Regulations, regulation 3 (legislation.gov.uk)
3. Hansard: First Delegated Legislation Committee, 19 October 2026
4. Awaab’s Law Phase 2: Guidance for social landlords, sections 4.2 and 4.3 (GOV.UK)
5. Phase 2 guidance to support triaging of hazards (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.