Alison Law

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NEW GUIDANCE FOR LANDLORDS AND TENANTS UNDER CORONAVIRUS

New guidance explaining the recent changes in law for Landlords and Tenants has been released by The Ministry of Housing, Communities & Local Government.

A copy of the full guidance can be found at https://www.gov.uk/coronavirus.

A non-exhaustive summary is provided below;

1. Property access and health and safety obligations in the context of Coronavirus

Landlords and tenants should follow government advice regarding strict separation.

If an urgent risk is identified by a tenant, they should allow access to the property by the landlord.

Urgent health and safety issues are defined whereby the tenants’ ability to live safely and maintain their mental and physical health in the property is affected.

Examples are below:

❖ Issue with the building, such as a roof leaking;
❖ Plumbing issue, where the tenant does not have washing or toilet facilities;
❖ Boiler issues which would leave a tenant with no hot water;
❖ Security critical issue such as a broken window or external door; and
❖ If equipment relied upon by disabled person requires installation or repair

The guidance for tenants: –

• Landlords’ repair obligations have not changed. Tenants have a right to a safe place, in good repair and free from hazards to live
• Tenants should notify landlords as early as possible if any repairs issues arise
• Tenants do not need to have direct contact with anyone visiting their property to carry out repairs;
• If tenant’s have visitors then the following rules must be followed:

▪ No direct contact if possible
▪ 2 metres distance from anyone visiting theproperty
▪ Make sure the cleanliness and hygiene rules of washing hands is followed
▪ Move into another room when any other room is being inspected

NOBODY CAN BE REMOVED FROM THEIR HOME BECAUSE OF THE VIRUS

The guidance for landlords: –

• Landlords’ repair obligations have not changed. Tenants have a right to a safe place, in good repair and free from hazards to live
• Landlord must retain a record where attempts have been made to sort out issues
• If tradespersons or contractors will not carry out work, document this;
• Document all correspondence between yourself and contractors, your tenants and their responses.
• If employees, contractors or tradesperson have to visit a property they should:
❖ Avoid direct contact
❖ Remain 2m apart from the occupiers
❖ Follow cleanliness and hygiene guidance
❖ Wear PPE
❖ Allow the tenant/occupants of the property the opportunity to move into another room whilst inspecting any given room.
❖ Wipe down surfaces.
• If a property needs to be inspected, consider using of alternative methods such as the use of smartphones or other technology to reduce need for ‘in person’ inspections;
• Inspectors or maintenance workers can still visit blocks of flats and multi-occupied properties for essential or urgent work, such as inspecting and testing fire alarms and emergency lighting systems;
• Landlords are not obliged to provide alternative accommodation for tenants if other occupants of the property contract the virus.

NOBODY CAN BE REMOVED FROM THEIR HOME BECAUSE OF THE VIRUS

2. Disrepair claims

Repairs for Landlords

• Appropriate action is to be taken to resolve urgent health and safety risks as repair obligations remain unchanged;
• Where non urgent repairs are reported, a common sense approach should be taken;
• If tradespersons or contractors will not carry out work, document this;
• Document all correspondence between yourself and contractors, your tenants and their responses.

Upon receipt of a letter of claim we recommend:

• Risk assessing the disrepair allegations should include the impact of carrying out the repair now as opposed to delaying the repair whilst social distancing measures are in place;
• Assess whether you or your agent can attend the property in person and ask the following questions of your tenant:
❖ Whether anyone in the household has had a cough or temperature in the last 24 hours;
❖ Whether there is anyone in the household with a serious underlying health condition;
❖ Whether the household includes any person who is socially isolating- i.e. they have been identified as particularly at risk of serious illness if they contracted the virus.

If the answer is “yes” to the above, then consider whether the repairs can be carried out at a later date to avoid risk to your employees and to the tenant/household. Also consider;

❖ Asking your tenant if they have access to video-calling facilities to carry out a digital inspection;
❖ Checking your own maintenance and repair records to identify whether the current report of disrepair is “new” or whether this is an ongoing issue that could escalate if repairs are not carried out.

IT IS IMPORTANT TO ENSURE GOVERNMENT GUIDELINES ARE FOLLOWED TO KEEP ALL PARTIES SAFE, ENSURE OBLIGATIONS ARE MET AND MAINTAIN THE LANDLORD AND TENANT RELATIONSHIP.

3. Gas and Electrical safety

• The Gas Safety (Installation & Use) Regulations 1998 (the Regulations) remain in force. You are still required to:
❖ Carry out Gas Safety certificate procedures prior to granting a tenancy and a tenant moving in in accordance with the Regulations and Deregulation Act 2015;
❖ Carry out Energy Performance certification procedures;
❖ Carry out the 12 monthly gas safety inspections/testing during on-going tenancies;
❖ Carry out your cyclical Electrical safety testing.

• Certification should be provided by post or electronic means, adhering by social distancing rules.

• A landlord should aim to abide by gas and electrical safety regulations. However, in the event a landlord cannot comply they must:
❖ Show that they have taken all reasonable steps to comply with their duties to evidence they are not in breach of that duty;
❖ Record all steps taken.
• Prior to attending a property, enquires should be made to identify if any members of the household have symptoms (such as a cough or temperature in the last 24 hours) – in which case consider the possibility of extending the visit by 2-3 weeks.

• When visiting properties, operatives should: –
❖ Keep minimum of 2m apart;
❖ Wash hands frequently;
❖ Wiping down all surfaces;
❖ Ensuring operatives are wearing suitable PPE;
❖ Inviting tenants to leave whichever room the operative is working in to encourage social distancing
• All steps taken, all correspondence with tenants and contractors should be recorded and kept for future reference;
• If you are not able to engage a contractor, document your attempts to do so and all correspondence with your tenants;
• Keep evidence that the installation appliance or flues were in good condition while you try and attempt to arrange works.
• If the suspension of routine gas inspections has affected you.
• In order to avoid any case escalating to court action, try to arrange your gas/electrical testing in good time before your current certificate expires – to ensure you can use extensions of time if needed.
• You do still have the powers to obtain an injunction to force access but the courts will expect this to be an absolute last resort in light of the Coronavirus pandemic.

THE GAS SAFE WEBSITE ADVISES ALL GAS ENGINEERS HAVE SUSPENDED ROUTINE INSPECTIONS AND WILL ONLY CARRY OUT HIGH RISK SCENARIOS.

This guidance is subject to updates, so please refer to https://www.gov.uk/coronavirus for further updates.