Covid-19 Government Guidance for Landlords and Agents

UK Government has issued detailed guidance for the private rented sector to consolidate the various regulations that have changed, and guidance that has been given in the last weeks. Here is more information on the Covid-19 Government Guidance for Landlords and Agents.

The measures set out in the guidance are in force until the end of September 2020 but can be extended if necessary.

Tips on issuing a service charge demand

• updated guidance on moving home during the pandemic
• the latest recommendations for Property inspections, maintenance and repairs
• the changes to Evictions and possession proceedings set out in the Coronavirus Bill
• Details of the Government help available for businesses

In the meantime, landlords, agents and tenants can follow these links to find more detailed guidance on what the ‘lockdown’ means:

• New rules on staying at home and away from others
• New rules on closure of business premises

Portable Appliance Testing (PAT) for residential lettings

The government has issued guidance on moving into a new home during the COVID-19 pandemic – although written for buyers and sellers, the guidance also applies to renting.

In short, the Government has strongly advised that home movers should stay put unless for contractual reasons a property rental or sale must proceed and neither side can agree to delay.

Therefore, as long as the two-metre rule and other public health guidance is followed, there is no problem handing over keys. There is also no problem with an inventory clerk doing a check-in as long as the two-metre rule is applied (even better, can the inventory can be done by the clerk on their own?).

Electrical Safety Regulations for rental properties

The Gas Safe Register website says “In the event you are unable to gain access to the property, e.g. persistent refusal of access due to vulnerable tenants self-isolating, agents and landlords will be expected to be able to demonstrate that they took reasonable steps to comply with the law. This will need to include records of communication with the tenant and details of engineer’s attempts to gain access.”

Gas safety inspections can still be completed, but only with the express consent of both the engineer and the tenants (the Government guidelines permit to travel to and from work where it cannot be done from home). Engineers must take sensible precautions, based on government guidance:

• Use personal protective equipment, frequent handwashing with soap or use of alcohol hand sanitising gel.
• When visiting a property, confirm before entering whether anyone is self-isolating, or has been in contact with anyone who has been diagnosed with Coronavirus or has recently gone into self-isolation.
• If the answer is ‘yes’, cancel the inspection and reschedule for a later date.
• If the engineer visiting a property feels in any way uncomfortable with the situation, they can withdraw from the inspection and reschedule for a later date.

Gas safety in case of no access

In case access the Landlord cannot obtain access, make sure you document what steps you took to attempt to complete the gas safety inspection. HSE guidance indicates that at least three attempts to complete the gas safety check should be made, but this will depend on the circumstances you face (see below). Where an inspection is delayed, be sure to complete it as soon as possible after the lock down period ends.

Tenants who are self-isolating: if a tenant tells you they are self-isolating after displaying symptoms the inspection should be postponed for a minimum of 7 days (if they live alone) or 14 days (if there is more than person in the household) from when they started self-isolating. Check the Government stay at home guidance as it may change.

Tenants shielding themselves from the community: If a tenant tells you they have been told to “shield” themselves as they are at a very serious risk, postpone the inspection until after the 12 week period.

How to handle an insurance claim

HMO electrical safety certificates: the advice here is the same as for gas safety. is the same as gas safety. Make reasonable attempts to gain access to complete the certificate; where delayed complete the certificate as soon as possible after the lockdown. The same principles for self-isolation and shielding (see above) also apply.

Routine electrical inspections: if you carry these out although not legally required to do so, they are not essential and can be put on hold during the lockdown.

PAT testing

PAT testing is not a legal requirement and can also be put on hold during the lockdown.

Alarms in communal areas: testing or inspecting alarms in communal areas is still possible, provided all precautions are taken to avoid contact with other people.

Alarms in tenancy properties: the tenancy agreement will usually require tenants to check these themselves on a monthly basis. Some HMO licences may require the landlord/agent to test smoke alarms on a regular basis. Seek advice from your local authority, and follow similar steps to those outlined for gas and electrical safety above.

Fixing faults: If you identify a fault in a fire alarm following a test/inspection, these should be dealt with provided all precautions are taken to avoid contact with other people. 

These are not essential during the lockdown and should be avoided.

Repairs will depend on whether they are “essential” or not. Essential repairs might include things like a severe leak causing damage to property or electrics such as a burst water mains pipe, or a broken boiler leaving a property without heat or hot water.

If a repair is not essential, these should be noted and addressed after the lockdown.

What is rent guarantee insurance

STOP PRESS: Government guidance now available for landlords in the private and social rented sectors on the measures relating to notices seeking possession modified by the Coronavirus Act 2020. The measures affect three eviction processes: 

1. The Section 21 process (Assured Shorthold Tenancies)
2. The Section 8 process (Assured and Assured Shorthold Tenancies)
3. Notices under section 83 of the Housing Act 1985 (Secure Tenancies)

The Coronavirus Bill has been published by the Government and includes provisions relating to protection from eviction for residential tenants.

The changes will start from the date the Act turns into law and last until 30 September 2020. The end date can be changed if necessary. Ministers can also make any changes to the time limits or other details after the legislation becomes law. There is also likely to be a pre-action protocol introduced for private possession claims.

Landlord Action has now introduced a rent repayment agreement template that you can use to negotiate a payment plan with your tenants.

Mandatory electrical safety certificates for rental properties from 1st July 2020

• Section 8 notices, section 21 notice and Notices to Quit for Rent Act 1977 tenancies will have the length of notice increased to three months.
• A Landlord can use a section 8 notice for two months or more arrears. Normally is a fourteen-day notice (plus four days for service). This will increase to three months until 30 September 2020.
• A section 21 notice is normally at least two months and will also increase to at least three months.
• The forms in use will also change. (Form 3 for a section 8 notice and Form 6A for a section 21 notice in England only).
• The Bill also includes a power to increase the notice period to six months if necessary.
• Equivalent provisions will apply in Wales

In theory:

• If the Landlord served noticed before the Act came into law, they can start possession claims when the notice expires.
• Notices served after the Act comes into law can lead to possession claims once the three-month notice expires.
• Any extension in the notice period to six months is likely only to apply to notices served after the extension becomes law.
• There appears to be no change to the requirement for section 8. Hearings must be held not less than four weeks but not greater than eight weeks.

In practice:

• Even though it may still be possible to start possession proceedings, the courts will be struggling to cope. Only remote hearings will take place. If not, hearings will be postponed.
• Both ongoing and new eviction action will be stopped for 90 days. But this may last longer if the Coronavirus crisis continues.
• As a result, no eviction proceedings can progress to the stage where someone could be evicted.