Where does Awaab’s Law leave the Right to Manage scheme? 

The Right to Manage (RTM) Scheme has long been a way for social housing landlords to offset some of the responsibility of managing the property. However, with the advent of Awaab’s Law, the management of social housing has come under fresh scrutiny. 

While a lot of focus remains on the responsibilities of landlords, those who engage with RTM should be aware of how the new obligations set out by Awaab’s Law intersect with the old scheme. 

Are RTM companies or landlords responsible under Awaab’s Law? 

In short, both are responsible. The state of social housing is under near-constant scrutiny, and the enactment of Awaab’s Law over the next few years will only see this increase.  

There is a large wave of public opinion demanding the improvement of social housing, so landlords should not expect RTM companies to shoulder the new responsibilities. 

While RTM companies can still take on much of the maintenance work on behalf of landlords, it is becoming increasingly clear that landlords should have greater oversight of the process. 

Regular maintenance and early reporting of potential issues will be the best way to avoid the 24-hour emergency repair deadline imposed by Awaab’s Law. 

For landlords who outsource to RTM companies, it would be wise to ensure they are fulfilling their maintenance and inspection requirements. If there is a breach in Awaab’s Law, a landlord’s reputation will still be jeopardised, as they should have kept a better eye on what was happening in their property. 

However, RTM companies cannot simply do a poor job and feel safe in the knowledge that landlords will take the fall. The legal responsibility is on RTM companies as well to keep to the strict requirements laid out by Awaab’s Law. A collaborative approach between landlords and RTM companies will be the best way to navigate the changes and stay compliant. 

How can landlords and RTM companies prepare for Awaab’s Law? 

As RTM companies are structured as not-for-profit companies limited by guarantee, they will have their own articles of association and management agreements. These should mirror the landlord’s obligations and will therefore need to be updated ahead of Awaab’s Law’s full implementation.  

Social housing landlords should work alongside the RTM companies to review constitutional documents to ensure that all parties are aware of the updated rights and responsibilities. Communication is the key to compliance as you do not want to be in a situation where both the landlord and the RTM believe that something is the responsibility of the other. 

RTM companies will need to improve their maintenance provisions and should prepare emergency response teams so that they do not breach the 24-hour deadline. As with landlords, having a variety of different contractors contactable at any time will prevent RTM companies from being caught out by the stricter time frame.  

If a landlord is considering transferring management under the RTM Scheme, they should ensure that they take the necessary transitional measures. This will include surveying the property to assess any potential risks and hazards, and making sure the RTM company knows and can handle said risks.  

Navigating the new legal framework will be a challenging time for many, and seeking professional guidance is always a wise decision. 

We are on hand to help landlords and RTM companies determine the best way to change their policies and practices to stay compliant with Awaab’s Law. 

Keep your partnership with an RTM compliant. Speak to our team today!