Comment posted in response to an Inside Housing article published on 9 October 2026
At a meeting with MOJ civil servants on 11 September 2026 in relation to Access to Justice and urgent action needed to housing Legal Aid in this respect, I reported that in all cases I have been involved with housing associations since Awaab’s Law Phase 1 came into force the Law has been ignored and that I also see this from emails from organisations such as Shelter attempting to refer new cases.
They said they would report back.
Complaints of emergency and significant hazards are not being dealt with promptly. Also, no competent investigator is being appointed or required written notifications given.
I challenge Matthew Pennycook to produce the evidence that standards are being driven up.
This Government continues to fail to restore full Legal Aid for housing disrepair including claims for damages to enable tenants to enforce their new rights.
With the Renters Rights Act, the Government is missing the opportunity in the Regulations introducing the new private landlord database of making landlord insurance for tenants’ legal costs and damages compulsory.
Without these two measures Awaab’s Law is so much hot air.
If these measures were taken there would be no eventual cost to the Legal Aid fund as the landlords would pay the tenants’ legal costs.
So as it is not money, the failure must result from a reluctance to empower tenants.
David Foster is a specialist housing solicitor with more than 40 years’ experience representing tenants and homeless applicants. He is a founder member of the Housing Law Practitioners Association (HLPA), a former Law Society Council Member for Housing Law and currently practises as a Senior Housing Solicitor with Lawstop Solicitors.