On 1 June 2020, the Government updated its guidance for landlords and tenants. Here's a summary of what this means moving forwards.
A complete copy of the guidance can be found here.
The guidance covers measures relating to notices seeking possession as amended by the Coronavirus Act 2020, Court action regarding possession cases during the Coronavirus (COVID-19) outbreak and health and safety obligations, as well as repairs and inspections in the context of Coronavirus. The salient points of the guidance are as follows:
Possession cases
- Tenants should continue to pay rent and abide by the terms of their tenancy agreement. Landlords are encouraged not to issue notices seeking possession where tenants are having difficulty paying rent.
- The Coronavirus Act 2020 (‘Coronavirus Act’) means that landlords who do issue notices seeking possession will not be able to progress the claim any further before the expiry of the notice. Any notice served on tenants (and shared owners) must be for at least 3 months.
- Form 3 - ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’ (S.8 Notice) and Form 6a (S21. Notice) have been amended to reflect the current minimum notice period as set out in Section 81 and paragraphs (6) and (7) of Schedule 29 of the Coronavirus Act.
- Landlords will still require a court order after the expiry of the notice seeking possession. Landlords should not expect tenants who have received notices to leave properties at this time. The guidance advises landlords not to commence or continue with eviction proceedings during this period.
- In addition to the measures in the Coronavirus Act, Practice Direction 51ZA stops possession claims from progressing. The suspension applies from 90 days from 27 March 2020 and covers all possession proceedings brought under Civil Procedure Rule Part 55 and all proceedings seeking to enforce an order for possession by a warrant or writ of possession. Possession claims against unnamed trespassers are excluded from the suspension.
- The Government’s aim is to temporarily protect all private and social renters and will cover all mortgage possession claims, all tenancies as well as those with licences covered by the Protection from Eviction Act 1977. Those whose occupation is excluded from statutory protection or from the Protection from Eviction Act 1977 (i.e. lodgers, homeless applicants under licence under s.188 Housing Act 1996, and some whose accommodation is part of their employment) are not covered by the measures.
Repairs and maintenance
- Landlords should follow the Government guidance on working safely in people’s homes which sets out the circumstances landlords or contractors can safely visit properties to carry out inspections and repairs.
- Landlords should make every effort to carry out statutory inspections. This will include gas safety inspections. Gas safety inspections should not be carried out in homes that are self-isolating until after the isolation period has ended, unless it is to remedy a direct risk to the safety of the household.
- Landlords should not carry out works in properties where tenants are symptomatic or self-isolating, unless that work is to remedy a direct risk to the safety of the household.
- Where resources allow, landlords can carry out routine inspections (including gas safety checks), essential and non-essential repairs and planned maintenance inside and outside of properties.
Comment
While landlords can still serve Notices Seeking Possession, the guidance and recent case law suggests that this should be reserved for exceptional circumstances. Landlords should be prepared to justify serving a Notice Seeking Possession during this period at a later date. In addition, social housing landlords should be aware that taking such action during this period could have adverse impact on their reputation.
While possession claims cannot be progressed at this time, there are alternatives that landlords can take. Injunctions are still available to address any anti-social behaviour. In the most serious of cases, this could include an exclusion injunction excluding a tenant from their home and surrounding area.
Landlords remain obliged to carry out repairs and maintenance at properties. The Government’s guidance now suggests that there is now an expectation that where resources allow and tenants are not isolating or shielding, that internal and external repair works and maintenance should be completed at the property. Landlords should ensure that their operatives and contractors are familiar with the Government’s guidance for working in other people’s homes. However, whether tenants feel comfortable in providing access at this time remains to be seen. Landlords should seek to engage with tenants and ensure that detailed notes and records relating to the issue of access are kept. If tenants continue to refuse access and injunctive relief is required or tenants decide to bring a claim for disrepair at a later date, the records made during this period could act as crucial evidence.
If you have any questions or queries in relation to the Government’s guidance, please do not hesitate to contact a member of our Housing and Regeneration Team.
