Coronavirus - Guidance for landlords

Whilst possession notices can still be issued during the Coronavirus outbreak, the forms and procedures relating to the notices have changed. We can assist landlords to ensure that these changes are correctly applied.

 Amongst the wealth of new measure introduced by the Coronavirus Act 2020 are new laws which affect residential landlords and tenants. The Government has issued a guidance for both landlords and tenants. The key points from the new legislation and guidance are as summarised below.   The new rules are currently in force until 30 September 2020. As with many matters relating to the Coronavirus there may be changes to the legislation and guidance in the meantime.   The key parts for landlords to be aware of are as follows: - Suspension of all new & existing claims for possession  - All housing possession cases in the Courts are suspended until 25 June 2020. Until then no possession orders will be granted by the Court. Possession Notice Period Lengthened   The Government has strongly advised landlords not to issue new notices seeking possession during the Coronavirus outbreak unless they have a “very good reason” to do so. The Government calls on landlords and tenants to work together at this time to both keep each other safe and to be flexible in terms of the ongoing tenancies and payment of rent.   There is no restriction on a landlord issuing a possession notice but private landlords will be subject to the “pre-action protocol” on possession proceedings that previously only landlords of social housing had to follow. As such all landlords are expected to contact their tenants to understand their financial position before taking any possession action through the Courts once the three-month suspension on issuing possession proceedings has ended.  

So as to allow the security of people remaining in their homes the length of notice to be given, under all forms of possession notice, has been increased to three months. By way of an example, the notice to be given currently under a Section 21 Notice will be three months rather than two.   Tenants remain liable to pay their rent under the terms of the tenancy agreement. Tenants may be eligible for financial support from the Government but rent remains payable by tenants.   Repairs and Access to the Property   The repair obligations for landlords have not changed. What has changed is the need for landlords and tenants to take into account the guidance on social distancing.   Non-essential work should not be undertaken whilst the lockdown restrictions and the need for social distancing remain. The Government ask that landlords and tenants take a “pragmatic, common-sense approach” to non-urgent issues.   Where there is need for urgent work (e.g. a broken boiler, leaking roof, defecting plumbing) so that there is need to inspect the property or remedy urgent health and safety issues then these can be undertaken.   Where work is to be carried out at the property by a tradesperson, the landlord should ask that the tradesperson is well and has no symptoms of the Coronavirus. Social distancing measures should be applied during any visit to the property.  

Prior to any work being carried out the landlord should also check on the health of the tenant and take steps to ensure that sensible precautions are in place to allow the tradesperson safe access to the property and to isolate the tenant where possible (e.g. the tenant remaining in a separate room during any visit).   The tenant still needs to allow access to the property for the landlord or tradesperson. Notice of any visit should still be given in accordance with the terms of any tenancy agreement.   Please contact Gareth Archer or Lynne Branchflower if you have any queries. Dated 6 April 2020   While professional care and attention has been taken in preparation of these articles, neither B&W Legal Limited or the authors will be held responsible for any errors contained herein, or for any loss or damage caused to any person relying on any statement or omission in the articles and material. While we want you to make best use of the articles, we also need to protect our copyright. Therefore no part of these articles may be reproduced, stored or transmitted in any form or by any means without the permission of B&W Legal Limited