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Working Safely During COVID-19 – What does the latest guidance mean for landlords & tenants in the context of repairs?

Friday 15 May 2020

On 11th May 2020 the Government published a COVID-19 recovery strategy, setting out the timetable for lifting restrictions.

The changes to policy apply from 13th May in England. The major change is that all workers who cannot work from home should travel to work if their workplace is open and it is safe to do so. The government has produced 8 guides to cover a range of different types of work. 

The government has set out specific guidance for those working in other people’s homes. This guidance covers those working in, visiting or delivering to home environments (including repair services, fitters and surveyors). It is designed to assist various businesses in determining what action needs to be taken. The guidance will most likely be updated over time. A copy of the guidance can be found here.

The guidance will be of importance to all landlords who need to attend to or instruct contractors to visit properties to carry out investigations, inspections and/or repairs. The salient points of the guidance are as follows:

  • A COVID-19 risk assessment must be carried out prior to attending a property. The risk assessment should address the risks of COVID-19 and identify sensible measures to control the risk. You must consult with the health and safety representative selected by a recognised trade union, or if there isn’t one, a representative chosen by workers.
  • Social distancing (keeping 2m apart whenever possible) should be complied with. If social distancing guidelines cannot be followed in full, you should consider whether that activity needs to continue and if so, take action to reduce the risk of transmission.
  • No work should be carried out in a household which is self-isolating because a member of the household has symptoms or where an individual has been advised to shield – unless it is to remedy a direct risk to the safety of the household. You will have to assess this on a case-by-case basis.
  • When working in a household where someone is clinically vulnerable (i.e. over 70 years old), prior arrangements should be made to avoid any face-to-face contact, for example when answering the door.
  • Working materials, such as stationary and tools should be assigned to an individual and not shared if possible. If they need to be shared, they should be shared by the smallest possible number of people.
  • Working environment practices should be discussed with tenants in advance to ensure the tenant understands the social distancing and hygiene measures that should be followed during the visit. Take steps such as asking tenants to leave internal doors open to reduce the risk of transmission.
  • The precautionary use of extra PPE to protect against COVID-19 outside a clinical setting is not encouraged. However, a face covering may be worn in enclosed spaces where social distancing is not possible. Face coverings are not deemed to be a suitable replacement for the other ways of managing risk including maintaining social distancing and regular hand washing.
Comment

The guidance is aimed at assisting those who work in people’s homes to understand how to work safely. It is not confirmation that asset officers, surveyors and contractors should visit tenants’ properties at this time. Due to the nature of the stock, careful consideration as to whether social distancing guidelines can be adhered whilst in properties must be given. Such a decision should be made by organisations on a case by case basis.

Whilst social landlords’ obligation to carry out repairs remains, each landlord needs to carefully consider whether anyone needs to attend the property at this time. A sufficient risk assessment needs to be taken and it would be prudent for social landlords to ensure that any decision taken is well documented. If a risk assessment is completed and the decision is made to attend a property, social landlords should ensure all those involved (tenants, officer and/or contractors) are aware of the current social distancing measures and the above guidance.

There is likely to be many tenants and occupants who suffer with pre-existing health conditions and vulnerable tenants that may be at a higher risk of contracting COVID-19. Likewise, there is a chance that tenants and occupants may be self-isolating to prevent transmission. It is for this reason that it is more important than ever that social landlords ensure that they actively communicate with tenants, their employees and any contractors.

This is a fast moving area and landlords will need to ensure that they keep up to date with Government guidance during the ongoing pandemic.

If you have any questions in relation to the above, please do not hesitate to contact a member of the Housing & Regeneration team.

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