Guidance

Guidance for landlords and tenants

Updated 13 October 2021

Non-statutory guidance for landlords and tenants in the private and social rented sectors on:

1. Rent, mortgage payments and possession proceedings
2. Health and safety obligations, repairs and inspections in the context of coronavirus (COVID-19)

This guidance is advisory and informs you about recent changes to the law. All guidance is subject to frequent updates and should be checked regularly for currency.

The guidance in this document applies to England only. Some of the measures referred to also apply in Wales.

See guidance for Wales, Scotland and Northern Ireland.

Landlords and tenants should also follow the guidance on how to stay safe and help prevent the spread of COVID-19 and abide by the latest government guidance on COVID-19.

1. Rent, mortgage payments and possession proceedings

This is a summary of the rent, mortgage payments and possession proceedings section. Further detail can be found in Section 1 below. The purpose of this advisory guidance is to help landlords and tenants understand the requirements around rent, mortgage payments and possession proceedings that are in place during the pandemic.

The Coronavirus Act 2020 provided protection to social and private tenants by delaying when landlords can evict tenants. The provisions in the Act increased the notice periods landlords were required to provide to tenants when seeking possession of a residential property between 26 March 2020 and 30 September 2021. Between 1 June 2021 and 30 September 2021, notice periods were required to be at least four months except in the most serious cases such as egregious rent arrears or anti-social behaviour..

From 1 October 2021, all notice periods will return to the pre-pandemic position. This means the minimum period of notice which must be given under section 21 is two months and, where a section 8 notice is relied upon, the minimum notice period will depend on the ground(s) on which possession is sought.

The stay on possession proceedings, which was a separate measure imposed to mitigate the effects of the pandemic, expired on 20 September 2020 and all landlords are now able to progress their possession claims through the courts. Courts will carefully prioritise the most egregious cases, such as those involving anti-social behaviour and other crimes.

Legislation preventing bailiff enforcement of evictions has also now expired. This measure was in place from 17 November 2020 until 31 May 2021. Orders can now be enforced where the landlord has a valid warrant of possession. However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

The government has published new guidance for landlords and tenants on the possession action process through the courts.

The Financial Conduct Authority has issued separate guidance covering mortgage repossessions.

2. Repairs, maintenance, health and safety, and communal areas

This is a summary of the repairs, maintenance, health and safety and communal areas section (Section 2). This guidance is for landlords and tenants in managing property maintenance issues and where facilities and common areas are shared.

Tenants have a right to a decent, warm and safe place to live. It is in the best interests of both tenants and landlords to ensure that properties are well maintained, kept in good repair and free from hazards.

Section 1. Rent, mortgage payments and possession proceedings

Rent payments

• Tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability. At the height of the pandemic the government made a strong package of financial support available to tenants, and where they can pay the rent as normal, they should do. Tenants who are unable to do so should speak to their landlord at the earliest opportunity.

• In many, if not most cases, the COVID-19 outbreak will not affect tenants’ ability to pay rent. If a tenant’s ability to pay will be affected, it’s important that they have an early conversation with their landlord. Rent levels agreed in the tenancy agreement remain legally due and tenants should discuss with their landlord if they are in difficulty.

• An early conversation between landlord and tenant can help both parties to agree a plan if tenants are struggling to pay their rent. This can include reaching a temporary agreement not to seek possession action for a period of time and instead accept a lower level of rent, or agree a plan to pay off arrears at a later date. However, landlords are not required to stop charging rent during the COVID-19 pandemic.

• There is no ‘one-size fits all’ approach, as each tenant’s circumstance is different, and some will be worse affected in terms of their ability to pay than others. It is important for landlords to be flexible and have a frank and open conversation with their tenants at the earliest opportunity, to allow both parties to agree a sensible way forward. If a landlord and tenant agree a plan to pay off arrears, it is important they both stick to this plan, and that tenants talk to their landlord immediately if they are unable to do so.

• The government has worked with the National Residential Landlords Association to produce a guide to managing arrears and avoiding possession claims in the context of the coronavirus pandemic, which private landlords and tenants may find useful to consult. The free guide includes golden rules for dealing with rent disputes and a downloadable ‘Pre-Action Plan for Managing Arrears and avoiding Possession Claims’.

• Social landlords and tenants are referred to the Pre-Action Protocol for possession claims by social landlords. You can find out more information in guidance for landlords and tenants on the possession action process through the courts.

• Where appropriate, if disputes over rent or other matters persist, landlords and tenants are encouraged to consider mediation. Mediation allows an independent third-party to assist those involved to try to reach a mutually acceptable agreement to resolve their dispute (see mediation section below).

Financial support available

• If tenants fall into financial difficulties due to a change in their employment or earnings, for example, they may qualify for Universal Credit, which can include help with housing costs. Find more information about Universal Credit.

• Property Guardian licence agreements are a valid tenancy arrangement for receiving housing costs support in Universal Credit. Students are also able to claim Universal Credit under certain circumstances.

• Support is also available to help individuals to continue paying other household bills, such as council tax. Every council has its own local council tax support scheme to provide reduced council tax bills for those least able to pay. The government has provided councils with £670 million of new funding to enable them to continue providing this support in 2021-22, at a time when more households may be experiencing financial hardship.

• Renters in the private and social rented sectors who are entitled to Housing Benefit or the housing element of Universal Credit and require further financial assistance towards housing costs, should contact their local authority. Discretionary Housing Payments are available which can provide extra money when the council decides that a tenant needs additional help to meet their housing costs. The payments are entirely at local authority discretion, including the amount and duration of any award. You should contact your local council to see if you are eligible for this support.

• If a tenant is worried about being unable to pay their rent, or if landlords become aware of tenants who may be in difficulty, advice is available from specialist providers such as Shelter, Citizens Advice and The Money Advice Service. If they are eligible for Legal Aid, they can also contact Civil Legal Advice for free and confidential advice.

• If tenants are worried about being evicted and not having anywhere else to go, they should speak to their local authority. They can find information on how to contact their local council.

Mortgage repayments

• If a landlord is concerned about their financial situation they should discuss this with their lender. The Financial Conduct Authority has been clear that for borrowers including those with a Buy to Let mortgage, who have been impacted by COVID-19, firms should continue to provide support through tailored forbearance options. These could include making reduced or no payments for a temporary period, or changing the mortgage term.

• Further information on mortgages and the support available during the COVID-19 outbreak is available from the Money Advice Service and UK Finance.

Shared owners

Most shared owners will pay both rent and a mortgage. Like other mortgage holders, shared owners who are struggling to meet their mortgage payments as a result of COVID-19 will be able to access the support outlined above.

• Shared owners should continue to meet their financial commitments where possible. The government has introduced a strong package of financial support, so where they can, shared owners should still pay the rent to their landlord and mortgage to their lender as normal. Shared owners who are unable to do so should speak to their landlord and mortgage provider at the earliest opportunity.

Protections for tenants under the Coronavirus Act 2020

From 26 March 2020, the Coronavirus Act 2020 has protected most tenants and secure licensees in the private and social rented sectors with measures requiring landlords, in most cases, to give extended notice of their intention to seek possession before starting court action.

From 1 October 2021, all notice periods will return to the pre-pandemic lengths.

However, for notices served between 26 March 2020 and 30 September 2021, the notice period needed to be different:

• From 26 March 2020 to 28 August 2020, a notice period of three months was required in all cases.
• From 29 August 2020 to 31 May 2021, a notice period of six months was required in most cases, with exemptions for certain serious cases, including anti-social behaviour, extreme rent arrears, no right to rent and fraud.
• From 1 June 2021 until 30 September 2021, a notice period of four months was required in most cases, with exemptions for certain serious cases including anti-social behaviour, rent arrears, no right to rent and fraud.
• From 1 August notice periods in cases of ‘non-serious’ rent arrears also reduced a second time to two months’ notice (as of 1 June, the definition of ‘non-serious’ arrears included any case where less than four months’ rent were due).

Find more information in the ‘Technical guidance on eviction notices’.

Licences to occupy (including property guardians) and the Coronavirus Act

• The Coronavirus Act only applies to tenants so will not apply to licences to occupy (other than a secure licence under the Housing Act 1985). Landlords of those on licences to occupy should follow the same guidance and work with renters who may be facing hardship as a result of the response to COVID-19.

• Please check Coronavirus (COVI-19) guidance for up to date information about the support available.

• Property guardianship agreements are usually offered on a contractual licence to occupy. The licence will provide the right to occupy premises in return for the payment of a licence fee or performance of a service. In law, a licence usually arises when there is no right to exclusive possession or there is no intention to enter into a legal relationship of landlord and tenant. However, if the licensee has exclusive possession, it may be a tenancy, even if the agreement calls it a licence.

• We have published property guardian guidance to enable potential or current property guardians to understand their rights and the difference between a licence and a tenancy.

• However, individual agreements and circumstances will vary, and so property guardians and all licensees should take their own legal advice in order to fully understand their rights and responsibilities. Property guardians can get free legal advice from their local housing advice centre, or Citizens Advice.

Ending tenancies early

• As part of the national effort to respond to the COVID-19 outbreak it’s important that landlords offer support and understanding to tenants who may start to see their income fluctuate. This may include allowing tenants to end the tenancy by giving less notice than allowed for in the tenancy agreement or permitting them to end the tenancy before the fixed term expires.

• Technically, tenants are liable to pay the rent for the whole of the contractual notice period, or for the whole of the fixed term but, if a new tenant can be found quickly, allowing the agreement to end early need not cause you to suffer any loss.

• Landlords can charge a fee to tenants if the tenant wishes to end the tenancy early, although this fee must not exceed the loss incurred by the landlord or reasonable costs to the landlord’s letting agent if they are using one. The government’s guidance on the Tenant Fees Act contains more information

Tenants leaving the property without providing proper notice

• Landlords who believe that their tenant may have left the property without the tenancy having ended, should proceed with caution by taking steps to ascertain from the tenant/ the tenant’s guarantor or next of kin/neighbours, whether the tenant has permanently vacated.

• If the tenant has permanently vacated, landlords should consider whether the tenancy can be brought to an end by serving a notice to quit. Legal advice may be needed.

• As long as a tenancy continues, the tenant has a ‘right to quiet enjoyment’, which means that landlords should not enter the property without the tenant’s permission and should not change the locks. Landlords who breach a tenant’s rights may face civil and/or criminal court proceedings.

Resolving disputes and serving a notice of possession

We encourage landlords and tenants to resolve disputes without going to court wherever possible. For example, if tenants are in rent arrears, they could agree to a repayment plan with their landlord. Landlords may accept a lower level of rent or agree a plan to pay off arrears at a later date and not seek possession action through the courts for a period of time. This could be less costly than re-letting the property. The government have worked with the National Residential Landlords Association to produce a guide for private landlords and tenants on managing arrears and avoiding court action in the context of the coronavirus pandemic.

• Social landlords and tenants are referred to the Pre-Action Protocol for possession claims by social landlords. You can find out more information in guidance for landlords and tenants on the possession action process through the courts.

• If disputes over rent or other matters persist, landlords and tenants are encouraged to consider mediation, which allows an independent third-party to assist those involved to reach a mutually acceptable agreement to resolve their dispute. Further information on mediation is available below.

• Landlords must follow strict procedures if they want a tenant to leave a property, depending on the type of tenancy agreement in place and the terms of it. Most private and social tenants, and licensees, can only be evicted with a court order, which the landlord can apply for if they have served the tenant with the relevant notice and this has expired. If they do not comply with the necessary legal requirements for giving notice, the landlord’s claim for possession will be dismissed. For more information, see accompanying Technical guidance on eviction notices.

• A landlord cannot use violence or threat of violence to evict someone, in any circumstances. If landlords do not follow the appropriate legal procedures, they may be guilty of illegal eviction and/or harassment.

• If you are a tenant or other occupier, and the landlord gives you notice, it is important to seek advice as soon as possible. Depending on the circumstances, it may be in your interests to leave the property before the notice expires, to speak to the landlord about leaving by a later date, or to wait for possession proceedings to be brought. The below section of this guidance contains more information on the possession process in the court.

Note: if you require advice on individual cases, or you are worried you may have been illegally evicted, you should contact a free, impartial advice service such as Citizens Advice or Shelter. If you are eligible for Legal Aid, you can also contact Civil Legal Advice for free and confidential advice.

Possession action in the county court

• Since 21 September 2020, the courts have been actively progressing possession cases, enabling landlord to obtain possession orders where appropriate.

• We strongly encourage tenants to engage with the court process, including attending any appointments and hearings scheduled by the court, so that they can receive free legal advice. If a tenant is unable to attend, for example because they are self-isolating, they should inform the court as soon as possible.

• New arrangements have been put in place to ensure that all parties have access to justice and appropriate support. More information on the new court arrangements can be found below, and further details can be found in the guidance for landlords and tenants on the possession action process through the courts.

• In England, legislation preventing bailiff enforcement of evictions has now expired. This was in place from 17 November 2020 until 31 May 2021. Therefore, orders can now be enforced where the landlord has a valid warrant of possession.

• Bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

New court arrangements

• Following the reopening of the courts on 21 September 2020, arrangements were put in place to ensure that all parties have access to justice and the appropriate support.

• Court rules are currently in force which require landlords who are making a possession claim to set out any information they are aware of about how their tenant, or any dependant of their tenant, has been affected by the coronavirus COVID-19 pandemic. Where the claim relates to rent arrears, landlords will also need to provide an updated rent account for the previous 2 years in advance of the hearing. Where any of this information is not provided, judges can adjourn proceedings until the requirement to provide it has been met.

• Where a landlord is seeking possession as a result of suffering financial difficulty due to the pandemic, the landlord can draw that to the court’s attention by marking the claim ‘COVID-19’. Likewise, tenants who are challenging a possession claim can inform the court of how they have been impacted by the pandemic, marking their challenge ‘COVID-19’. Information supporting the ‘COVID-19’ marking must be provided.

• If a landlord made a possession claim to the court before 3 August 2020, they are required to notify the Court and their tenant that they still intend to seek repossession before the case will proceed, including in section 21 cases. To do so, landlords must complete an N244 application and submit it to the court where the possession claim was filed, accompanied by the relevant fee. More information about this process can be found in our webpages on standard possession orders and accelerated possession orders.

• The judiciary are prioritising the most serious cases for action. As a guide, priority will be given to claims issued before the stay commenced in March 2020, and to cases involving anti-social behaviour, extreme rent arrears, domestic abuse, fraud and deception, illegal occupiers and squatters or abandonment of a property, unlawful subletting, and cases concerning what was allocated as temporary accommodation by an authority.

• A new review stage has been introduced. The review will take place at least 28 days before the substantive hearing and will enable tenants to access free legal advice through a duty solicitor. The court will send both landlord and tenant details of the review date and provide details of how the tenant can book an appointment with a duty solicitor. It is important for the landlord to be available on the review appointment date to discuss the case with the duty solicitor, and for tenants to book an appointment with a duty solicitor on the review date so that they can obtain free advice and assistance on their circumstances.

• As detailed above, legislation preventing bailiff enforcement of evictions has now expired. This was in place from 17 November 2020 until 31 May 2021. Therefore, orders can now be enforced where the landlord has a valid warrant of possession. Bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

• For more information on how the possession action process works in the county court- including more details about making and defending claims and the new court arrangements which have been put in place to respond to the coronavirus pandemic, you should consult the guidance on understanding the possession action process.

Anti-social behaviour

• Anti-social behaviour in properties can place undue pressure on landlords, other tenants and local communities. Therefore, from 29 August 2020, for notices in relation to anti-social behaviour, certain cases of domestic abuse in the social sector and rioting, the required notice periods have returned to their pre-Coronavirus Act 2020 lengths.

• In some cases, this means that proceedings for anti-social behaviour can be brought immediately after notice has been served. Notice periods on these grounds otherwise vary, depending on the type of tenancy and ground used, between 2 weeks and 1 month. Please see the Technical guidance on eviction notices for further information.

• When the required notice period has elapsed, and if the tenant has not vacated the property, landlords will be able to apply to the court for an order for possession. The Judiciary are prioritising the most serious cases for action, including those involving anti-social behaviour.

• See further details of options to address anti-social behaviour

• If tenants have attempted to resolve instances of anti-social behaviour or feel uncomfortable resolving the matter, they should contact their landlord, the local authority and the police to report anti-social behaviour. Information on how to contact the relevant local authority is available at find a local council and information on how to contact the police is available at report a crime. ASB Help can also provide specific advice on dealing with anti-social behaviour.

• If advice is required on individual cases those involved should seek their own legal advice or contact a free impartial advice service such as Citizens Advice. ASB Help can also be contacted who can provide specific advice on dealing with anti-social behaviour.

• If anyone feels threatened by someone’s behaviour, they should always contact the police.

Mediation

• Mediation involves an independent third party assisting the landlord and tenant to come to a mutually agreeable solution. Mediation can be quicker and less expensive than the possession process in the county court . It leaves the tenant and landlord, rather than a court, in charge of the outcome. Settling a dispute early can also help to avoid a breakdown in relations between the tenant and landlord and let them move forward with the tenancy.

• Mediation can be successful in helping to resolve disputes, particularly where both parties work constructively to reach an agreement. Because the parties are in charge of the outcome, mediation is also more flexible than the court process, and can allow landlords and tenants to resolve a range of issues in ways that would not be possible in a formal hearing.

• The government continues to explore and encourage use of pre-action mediation options, where parties are encouraged to mediate earlier in the process. These options include advice agencies, local authorities, and private services.

• There are several mediation and advice services, as well as individual mediators, who specialise in private rented sector disputes. There is no single list of suitable mediators in specific areas, but it may be useful to check:

  • with an advice service, such as Citizens Advice, Shelter, or the Money Advice Service;
  • with your local council (you can use this tool to find your local council);
  • with a private mediation service (such as TDS Resolution, PRS Mediation Service and Resolve by Flatfair); or
  • with a legal professional.

Illegal eviction

• Illegal eviction is when a landlord or another person deprives a tenant of their home without following the correct legal process. Tenants are entitled to “quiet enjoyment”, which means they have a legal right to live in the property as their home. Landlords must obtain the tenant’s consent before entering  their home.

• Most tenants are protected under the Protection from Eviction Act 1977 which protects tenants against harassment and illegal eviction by landlords. Harassment can be anything a landlord does, or fails to do, that makes a tenant feel unsafe in the property or forces them to leave.

• Landlords are required to get a court order and ask bailiffs to evict the tenant. Local authorities have enforcement powers to deal with harassment and illegal eviction.

• Local authorities have enforcement powers to tackle illegal evictions. Local authorities can investigate offences of harassment and illegal eviction under the Protection from Eviction Act 1977 and, if the evidence justifies it, prosecute where an offence has been committed.

• In cases where the landlord has been convicted of acting illegally, they may be subject a rent repayment order, a fine and/or imprisonment for up to 2 years. The landlord may also be subject to a banning order as unlawful eviction and harassment under the Protection from Eviction Act 1977 is a banning order offence.

• If a tenant is being forced out of their home illegally they should contact the police and their local authority as soon as possible. For advice on individual cases or if a tenant is worried they may have been illegally evicted, they should seek legal advice or contact a free impartial advice service such as Citizens Advice or Shelter.

Section 2: Repairs, maintenance, health and safety and communal areas

Local authorities, landlords and tenants should continue to work together to keep rented properties safe and it is in the best interests of both tenants and landlords to ensure that these properties are in good repair and free from serious hazards. Tenants should let their landlords know early if there is a problem and landlords should take the appropriate action as soon as possible.

Ventilation

• Let fresh air in if you meet indoors. Meeting outdoors is safer. Bringing fresh air into a room and removing older stale air that contains virus particles reduces the chance of spreading COVID-19. The more fresh air that is brought inside, the quicker any airborne virus will be removed from the room.
• Opening windows and doors at home is the simplest way of improving ventilation for most people.
• If windows have openings at both the top and the bottom (such as sash windows), using just the top opening will help incoming fresh air warm up as it mixes with room air, reducing cold draughts. In warmer weather, use both the top and bottom openings as this will help provide even more airflow.
• Opening windows and doors at opposite sides of your room or home will also provide a good flow of fresh air (this is known as cross ventilation).
• Make sure trickle vents (small vents usually on the top of a window) or grilles are open and not blocked. Air which flows in from these vents will mix with warm room air as it enters, which helps keep the room a comfortable temperature.
• If possible, maintain openings throughout the day to allow a constant flow of fresh air into the home. The weather can affect the amount of air that flows through openings and so these should be adjusted to balance warmth with the amount of ventilation, where possible.
• More information can be found in our guidance on ventilation of indoor spaces to stop the spread of coronavirus (COVID-19)

Carrying out repairs and maintenance work

Any work should be undertaken in line with the working safely guidance.

Local authorities, landlords or contractors can safely access properties in order to carry out a range of works.

This includes:

• routine safety inspections, including gas and electricity safety checks;
• essential and non-essential repairs; and
• planned or unplanned maintenance inside and outside the home

The government has issued guidance for households with possible or confirmed coronavirus infection. The same guidance applies to occupants of shared properties. All the occupants of the home should behave in the same way as a single household if one or more occupants have symptoms of COVID-19, including if they share with people who they are not related to.

No work should be carried out in households that are isolating because one or more family members has symptoms, unless it is to remedy a direct risk to the safety of the household or the public.

There may be cases where a tenant who is not self-isolating persistently refuses to allow access to the property. In these cases, if appropriate, landlords still have the powers and tools available to gain access to their properties. This includes access to the Courts to obtain an injunction or, in the case of a local authority landlord, a warrant.

Clinically extremely vulnerable people and repairs and maintenance work

Following expert clinical advice and the successful rollout of the COVID-19 vaccine programme, people previously considered to be clinically extremely vulnerable (CEV) will not be advised to shield again. If you were previously identified as CEV, you are advised to continue to follow the guidance contained in Coronavirus: how to stay safe and help prevent the spread. Individuals should consider advice from their health professional on whether additional precautions are right for them.

Communal lounges in sheltered/retirement and extra-care schemes

Landlords and scheme managers will need to carry out their own local risk assessment, which includes the risk of COVID-19, and to take reasonable steps to mitigate the risks identified.

People who are self-isolating, symptomatic or have tested positive for COVID-19 should not attend communal areas at the same time as others and these areas should be cleaned after use.