Much of the recent focus on the responsibilities of social housing landlords has centred around the rapidity with which they must address issues with properties.
However, there are some problems that do not have a quick fix, no matter how much planning and preparation you do ahead of time.
While you are obligated to make repairs as quickly as possible, if, for instance, a part of your property has sustained significant fire damage, this cannot be turned around within 24 hours. The Government’s legislation does not expect miracles from you and does allow for decanting to occur when a problem does not have a simple solution.
Decanting is when tenants move from one accommodation to another in order for their usual residence to undergo repairs or refurbishments. Although there can be non-emergency decanting, we will be focusing on the displacement that arises in the event of an emergency and understanding your obligations during this time.
When do I need to decant tenants?
With the sweeping changes being brought in by Awaab’s Law, it is possible that rates of decanting will increase. While some repair work can and should be carried out while the tenant remains within the property, it is wise to make considerations before embarking on this.
If the work will be disruptive, noisy, or hazardous in any way, it could be worth decanting your tenant to ensure that they do not suffer adversely from the work. This will apply primarily to tenants with young children or who have ongoing health considerations.
Some events, such as fires or floods, will make the need to decant more apparent, but work with asbestos and mould may also be a cause to decant if the work is not going to be completed quickly.
How do I decant tenants?
Understanding and adapting the decanting process to your tenants’ individual needs is essential for maintaining compliance.
Some tenants may elect to stay with friends or family during the time the residence is unavailable. This is not a sign that work can be delayed but instead carries with it a need for you to maintain regular contact with the tenant regarding the evolving condition of the work undertaken.
Where possible, you should decant tenants to properties in a similar area such that access to school and work is not disrupted. The accommodation should be of comparable size and quality as the original residence to avoid issues of overcrowding or a diminished quality of life.
Prior to the return of the tenant, a thorough health and safety check needs to be completed to ensure that the property is once more fit for purpose.
How can I prepare for decanting?
As is becoming increasingly apparent, clear record-keeping will be the key to ensuring that you are not met with legal challenges for the way you handle emergencies.
Ensure that decanting policies and procedures are clearly outlined in tenancy agreements and make your tenant aware of the provisions. The tenant may still be liable for some costs even during the decanting process, and these should be clearly outlined ahead of time.
When the emergency arises, keep a signed paper trail documenting the steps you are taking to resolve the matter. Similarly, every step of the decanting and repair process should feature signed paperwork validating your interactions with contractors. This will demonstrate the efficiency with which you have attempted to address the problem and thus protect you from the firm deadlines imposed by Awaab’s Law.
It is good to have decant properties in mind for your tenants so that you are ready for any emergency. Seeking professional advice is always wise, and you can do so at any stage of the decanting process.
Don’t be left noncompliant over decanting obligations. Speak to our team today.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at May 2025.