The Government has written a letter to all social housing tenants.
A copy of the letter can be found here.
The key points raised in the letter are:
Repairs
- As lockdown measures ease, landlords can start to carry out routine repairs. There will be a back log of repairs and it may take landlords longer to carry out non-essential works. Tenants should still report any items of disrepair to their landlord.
- It is expected that landlord’s will now start to carry out external works provided the appropriate guidance can be followed.
- No work should be carried out if any tenant is self-isolating or where an individual is being shielded, unless it is to remedy a direct risk.
Gas safety checks
- Landlords are still required to try and comply with their statutory obligations, such as completing annual gas safety inspections. However, if tenants are in self-isolation they should inform their landlord and the appointment will be rearranged.
- If tenants are shielding, a landlord will weigh up the risk presented taking into account a number of factors such as the age, type of appliance, maintenance history and date of the last inspection.
- If a tenant has any concerns regarding gas appliances or supply they should report them to the landlord immediately.
Tenant’s seeking to move home
- Tenants who wish to move home can now do so but are encouraged to review and follow the government’s dedicated advice on this topic. Tenants should contact their landlord to discuss this process.
Rent
- Tenants are reminded that they are required to continue to pay their rent. If they are unable to do so, they should contact their landlord.
Possession
- Landlords are required to give 3 months’ notice of their intention to seek possession. The legislation applies to all notices issued between 26 March 2020 and 30 September 2020 (this period can be extended).
- The courts have suspended all ongoing possession claims for 90 days from 27 March. The suspension applies to all housing possession proceedings in the rented and leasehold sectors.
- Landlords are advised not to issue new notices seeking possession during this time without a very good reason to do so.
Anti-social behaviour
- Tenants are reminded that landlords have a range of powers (including seeking injunctions) to help them tackle anti-social behaviour. If any tenants are experiencing anti-social behaviour they should report them to their landlord
Comment
Whilst the contents of the government’s letter does not provide landlords with any new guidance or information, the letter will provide tenants with clarity regarding the current position in respect of a whole host of issues.
Landlords will need to be prepared to answer various queries that tenants may have upon receipt of this letter as the landlord is likely to be the first port of call. Landlords need to be aware of their own policies and procedures in respect of the matters referred to in the letter, as well as in respect of housing services generally. It may be a good idea for landlords to publish a statement in this regard, either on a website or by letter, particularly in relation to issues such as maintenance, repairs and annual gas safety inspections.
Landlords will still need to be able to demonstrate that they have done all they reasonably can in these challenging times to continue to comply with statutory obligations, whilst always considering the health and safety of its tenants and neighbourhoods.
If you have queries in respect of any of the issues raised in the government’s letter or recent guidance, please do not hesitate to contact a member of the Housing & Regeneration team.
