Guidance for landlords and tenants

Question 1

Rent and mortgage payments

Accepted Answer

1.1 As a tenant, should I stop paying rent during the pandemic?

Tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability. The government has 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 your ability to pay will be affected, it’s important to have an early conversation with your landlord. Rent levels agreed in your tenancy agreement remain legally due and you should discuss with your landlord if you are in difficulty.

You can find details of support and advice available on GOV.UK.

1.2 What can I do about rent arrears?

Tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability. Tenants who are unable to do so should speak to their landlord at the earliest opportunity.

As part of our 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.

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. We have 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.

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.

Where a landlord does choose to serve notice seeking possession for rent arrears or has done so already, the notice period and any further action may be affected by legislation lengthening the notice period (see Section 1.8).

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. The government is funding a pilot mediation service for cases that have reached the courts for 6 months from February 2021 which will be free for landlords and tenants to use. (see Section 1.22-1.25).

We have put in place a major package of financial support to enable people to continue paying their living costs, including rental payments. This includes support for businesses to pay staff salaries through the Coronavirus Job Retention scheme and we have strengthened the welfare safety-net by billions of pounds.

The Coronavirus Job Retention Scheme has been extended until the end of April with employees receiving 80% of their current salary for hours not worked and further economic support announced.

Further information on government support for employers and employees.

If tenants fall into financial difficulties due to a change in their employment or earnings, for example, they may qualify for 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. Find more information about Universal Credit.

Local authorities can provide support for tenants to stay in their homes. If tenants are experiencing financial hardship, they may be able to access new funding; we have made £500 million available to fund households experiencing financial hardship and are determined to take action to support people in need.

For those renters who require additional support, there is an existing £180 million of government funding for Discretionary Housing Payments for councils to distribute to help people with rent payments in the private and social rented sectors. 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 on GOV.UK.

1.3 I’m a landlord. What can I do about mortgage repayments?

The mortgage holiday has been extended, with applications open to 31 March 2021. Borrowers, including those with a Buy to Let mortgage, who have been impacted by Coronavirus and have not yet had a mortgage payment holiday will be entitled to a 6-month holiday, and those that have already started a mortgage payment holiday will be able to top up to 6 months without this being recorded on their credit file.

The Financial Conduct Authority (FCA) has been clear that for borrowers who have taken 6 months’ holiday and continue to face ongoing financial difficulties, firms should continue to provide support through tailored forbearance options. This could include granting new mortgage payment holidays. Mortgage customers in this situation should speak to their lender to discuss their options.

If a landlord is concerned about their financial situation they should discuss this with their lender.

There is currently a moratorium on the enforcement of lender repossession, except for in exceptional cases (such as a borrower requesting proceeding continue).

Further information on mortgages and the support available during the coronavirus outbreak is available from the Money Advice Service and UK Finance.

1.4 I’m a shared owner. How does this affect me?

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 in section 1.3. Most shared owners will also be covered by the Coronavirus Act 2020, meaning their landlords will not be able to start possession proceedings unless they have given shared owners the required notice. There is further information about the provisions in the Coronavirus Act 2020 at section 1.8.

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.

1.5 As a landlord, should I stop charging rent during the pandemic?

Landlords are not required to do this. Most tenants will be able to pay rent as normal and should continue to do so, as they will remain liable for the rent during this period.

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.

Please check the latest government guidance for up to date information about the support available.

For advice on how you can engage with your tenants and reach an agreement over how rent is to be paid, private landlords can consult the guide which the government has produced, with the National Residential Landlords Association, on how to manage arrears and avoid possession claims 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.

1.6 Is my money protected? – Tenancy Deposit Protection and Client Money Protection

The deposit protection requirements have not changed. Landlords (and agents acting on behalf of landlords) must continue to uphold all their legal obligations relating to Tenancy Deposit Protection, and the usual process to return a deposit should be followed if a tenancy ends during the pandemic.

Client Money Protection requirements have also not changed. All agents who hold money on behalf of landlords and tenants are required to comply with the legislation on Client Money Protection.

1.7 I am a landlord and I want to reduce rent for my tenant. Will this breach the deposit cap as defined by the Tenant Fees Act 2019?

If you want to offer your tenant a rent reduction, temporarily or permanently, there is no need to repay part of the deposit immediately – the deposit cap imposed by the Tenant Fees Act 2019 is linked to initial rent levels.

Question 2

Notices seeking possession

Accepted Answer

1.8 Protections for tenants under the Coronavirus Act 2020 – What has changed?

The Coronavirus Act 2020 protects most tenants and secure licensees in the private and social rented sectors by putting measures in place that say that, in most cases, before starting court action landlords are required to give extended notice of intention to seek possession to their tenants. For notices issued between 26 March to 28 August 2020, the required notice period was 3 months. Notices issued during this period are unaffected by the changes outlined below.

The provisions in the Coronavirus Act 2020 have been extended meaning that from 29 August 2020, landlords must provide 6 months’ notice to their tenants in most circumstances. However, there are some serious cases where it is right that landlords are able to start progressing within a shorter timeframe. This is because of the pressures these cases place on landlords, other tenants and local communities.

These changes mean that from 29 August 2020:

For notices in relation to anti-social behaviour, domestic abuse, rioting and false statement, 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.
Where at least 6 months of rent is unpaid, a minimum 4-week notice period will be required. If less than 6 months of rent is unpaid, then the notice period is 6 months.
Where a tenant has passed away or is in breach of immigration rules and does not have a right to rent a property in the United Kingdom then a minimum 3-month notice period is usually required.
Where a social tenant has an introductory or demoted tenancy (used by local authorities), for cases concerning anti-social behaviour (including rioting) and domestic abuse, a 4-week notice period will be required. Otherwise, notice periods for Introductory and Demoted Tenancies will be 6 months.
A 6-month notice period is required for all other grounds, including Section 21 notices and, as stated earlier, where accrued rent arrears are less than the value of 6 months’ rent.

At the expiry of the notice period, a landlord cannot force a tenant to leave their home without a court order. When the notice period expires, a landlord would need to take court action if the tenant was unable to move. We strongly advise landlords not to commence or continue eviction proceedings during this challenging time without a very good reason.

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 reach a mutually acceptable agreement to resolve their dispute. The government is funding a pilot mediation service for cases that have reached court which will be free to use for landlords and tenants. However, mediation can take place at any point during the possession action process. Further information on mediation is available at sections 1.22-1.25.

For further information about possession proceedings during the coronavirus outbreak, please see the technical guidance on eviction notices.

1.9 I’m a landlord and I have served a Section 21 Notice on my tenants – How long is the notice valid for?

Where a landlord gives a tenant a valid Section 21 notice after 29 August 2020, the notice will now remain valid for an extended period:

10 months from the date it is given to the tenant, where Section 21(4D) applies; or
4 months from the date specified in the notice as the date after which possession is required, if Section 21(4E) applies.

Please note: The validity of Section 8 notices remains unchanged by the Coronavirus Act 2020. Section 8 notices continue to be valid for 12 months after they are served.

1.10 I have previously served my tenant with a notice and have now done so again. Which notice is valid?

If a landlord wishes to serve a new notice in order to take advantage of the new shorter notice periods required for certain serious cases, they should, where they are issuing a new notice of the same type, withdraw the first notice before they serve a new notice.

Landlords may find it helpful to seek independent legal advice regarding these matters.

1.11 My tenant wants to leave the property early. What should I do?

At the current time, we are urging everyone to show compassion and exercise flexibility as far as possible and we encourage landlords to engage constructively with their tenants. 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.

1.12 My tenants have left the property without providing proper notice. What should I do?

If landlords believe that their tenant has left the property but has not surrendered the tenancy – by, for example, notifying them in writing and/or returning the keys – they should verify that they have left the property before taking any further action.

Landlords could do this by using any contact information which the tenant submitted at the start of the tenancy, such as contacts for rent guarantors or friends and family. If they are still unable to locate their tenant, they may wish to use a tracing agent.

The tenant has a right to the quiet enjoyment of their property and should be given 24 hours’ notice of any visit to the property. Landlords may only enter the property in the case of an emergency, and in this case only when accompanied by an independent witness who will be able to record the situation in writing.

If landlords change the locks or enter the property and have not got confirmation that their tenant has left, a court may find that they have evicted their tenant illegally.

1.13 I have a licence to occupy, am I protected by the Coronavirus Act?

This legislation 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.

The government has put in place an unprecedented support package to help prevent people getting into financial hardship or rent arrears, including support for business to pay staff salaries, as well as important changes to statutory sick pay and the benefits system. Furthermore, we are offering support for businesses, such as property guardian companies, so that they can support their renters. Please check government guidance for up to date information about the support available.

1.14 I have lost my job which came with accommodation, and they have told me I have to move out. What rights do I have?

The Coronavirus Act 2020 requires landlords to provide an extended period of notice before bringing court action for possession of a property in the private and social rented sectors in almost all circumstances. For notices issued between 26 March to 28 August 2020, the minimum notice period was 3 months. For notices issued on or after 29 August 2020, landlords must provide 6 months’ notice in most circumstances. Please see Section 1.8 for further information about the recent extension of the provisions in the Coronavirus Act 2020.

You may be covered by this legislation depending on the type of tenancy that you hold.

If your place of employment requires you to live-in to be able to do the job, or the occupation of the accommodation is necessary for the performance of your duties, and your contract clearly states this, you are classed as a “service occupier”. This will include some teachers in boarding schools, caretakers, carers and hotel staff, for example. As you do not have a tenancy in this situation you are not covered by this emergency legislation.

If you are not a tenant and your employer wants to end your employment because you are no longer required (rather than due to misconduct) they should tell you at least one week in advance. Check your employment contract as it may set out how much notice you should be given. Your landlord will usually have to apply to the court for a possession order if you do not leave when the notice period expires.

If you have a job that offers self-contained accommodation, but it is not a requirement as part of the job and your landlord is not a local authority, you may hold a tenancy regulated by the Housing Act 1988. If so, this will be covered by the change in legislation.

If you’re living in accommodation provided by the local authority, you are an employee of the council, and your contract of employment requires you to live in the accommodation for the better performance of your duties, your tenancy is a non-secure tenancy under the Housing Act 1985. These new provisions will also not apply to you.

If your local authority employer wants to end your service tenancy because they no longer require your services, they must give you at least 4 weeks’ notice. Check your employment contract as it may set out how much notice you should be given. Your landlord will usually have to apply to the court for a possession order if you do not leave when the notice period expires.

1.15 I’m a property guardian. How do I know if I’ve got a licence or a tenancy?

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 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.

1.16 Do I have to move out if my landlord does not have a court order?

In the context of the coronavirus pandemic, we are encouraging 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. We 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. The government is funding a pilot mediation service for cases which have reached court which will be free to use for landlords and tenants. However, mediation can take place at any point during the possession action process. Further information on mediation is available at sections 1.22-1.25.

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.

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 illegally eviction, 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 action process.

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.

Question 3

Resolving disputes and seeking possession through court action

Accepted Answer

1.17 Now that the suspension of possession cases has ended, how will landlords be able to get possession of their property?

Since 21 September 2020, the courts have been considering possession cases again. The judiciary have agreed to prioritise 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 including those 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. This will provide assurance to landlords, their tenants and neighbours facing the most egregious cases.

New arrangements have been put in place to ensure that all parties have access to justice and the appropriate support. New guidance for landlords and tenants on the possession action process through the courts has been published.

Legislation is in place to ensure bailiffs do not serve eviction notices, except in the most serious circumstances. These circumstances are illegal occupation, false statement, anti-social behaviour, perpetrators of domestic abuse in the social sector, where a property is unoccupied following death of a tenant and serious rent arrears where these are greater than 6 months’ rent. This legislation will be in place until at least the end of 31 March and will be kept under review. Given that 14 days’ notice is required before an eviction can take place, no evictions are expected before 14 April except in the most serious circumstances. Further information about the operation of the exemptions is provided in our guidance on the possession action process for landlords.

We continue to encourage landlords to consider other options to resolve disputes with their tenants before taking possession action through the courts. This will most likely be a quicker and cheaper way to resolve any issues. For example, if a tenant has outstanding rent arrears landlords could agree to a repayment plan and agree not to take possession action for a period of time. Landlords could instead accept a lower level of rent or agree a plan to pay off arrears at a later date. We encourage landlords to consider that a tenant’s employment and income may have been affected by the pandemic which is likely to have an effect on what levels of rent will be realistic.

To help private landlords to resolve disputes with their tenants without the need to take possession action through the courts, the government has worked with the National Residential Landlord Association to produce a guide for landlords on how to manage arrears and avoid possession claims 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.

Where appropriate, if disputes over rent or other matters persist, landlords and tenants are encouraged to consider mediation. Further detail on mediation is available at section 1.22-1.25.

1.18 What new arrangements will be in place?

Court rules are in force which require landlords to set out any information they are aware of in relation to how their tenant, or any dependant of their tenant, has been affected by the coronavirus 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 this information is not provided, judges have the ability to adjourn proceedings.

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. A reactivation form is available to support landlords doing this.

The judiciary has agreed to prioritise 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 including those 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.

Legislation is in place to ensure bailiffs do not serve eviction notices, except in the most serious circumstances. These circumstances are illegal occupation, false statement, anti-social behaviour, perpetrators of domestic abuse in the social sector, where a property is unoccupied following death of a tenant and serious rent arrears of 6 months or more. This legislation will be in place until at least the end of 31 March and will be kept under review. Further information about the operation of the exemptions is provided in our guidance on the possession action process for landlords.

When evictions are able to be enforced again, bailiffs will be required to provide 14 days’ notice of the eviction date to the tenant. This means that no evictions are expected before 14 April except in the most serious circumstances. The notice will include information on how the tenant can apply to suspend the eviction and where to go for advice.

Wherever possible we continue to encourage landlords and tenants to work together to resolve disputes without the need for court action, including agreeing repayment plans where a tenant is unable to fully meet their rent. Where appropriate, if disputes over rent or other matters persist, landlords and tenants are encouraged to consider mediation. For further information on mediation, please see section 1.22-1.25.

New guidance for landlords and tenants on the possession action process through the courts has been published.

1.19 Will the courts consider the impact of the coronavirus outbreak on tenants and landlords?

When making a possession claim, landlords are required to set out any information they are aware of in relation to how their tenant, or any dependant of their tenant, has been affected by the coronavirus pandemic. This could include information regarding issues with employment or benefit payments, disability issues and whether they have been ‘shielding’. Where this information is not provided, judges have the ability to adjourn proceedings until such information is provided. Tenants who are challenging a possession claim also have the opportunity to inform the court of how they have been impacted by the pandemic.

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, where difficulties suffered by a tenant as a result of the pandemic have brought about the situation where possession is being sought, the tenant can mark their challenge ‘COVID-19’. Information supporting the ‘COVID-19’ marking must be provided.

We continue to encourage landlords and tenants to work together to resolve disputes without the need for court action, including agreeing repayment plans where a tenant is unable to fully meet their rent.

Where appropriate, if disputes over rent or other matters persist, landlords and tenants are encouraged to consider mediation. Further detail on mediation is listed at sections 1.22-1.25.

For more information on how the possession action process works in the county court, you should consult our guidance on understanding the possession action process.

1.20 Will bailiffs enforce evictions?

Legislation is in place to ensure bailiffs do not serve eviction notices, except in the most serious circumstances. These circumstances are illegal occupation, false statement, anti-social behaviour, perpetrators of domestic abuse in the social sector, where a property is unoccupied following death of a tenant and serious rent arrears of 6 months’ rent or more. This legislation will be in place until at least the end of 31 March and will be kept under review. Given that 14 days’ notice is required before an eviction can take place, no evictions are expected before 14 April except in the most serious circumstances. Further information about the operation of the exemptions is provided in our guidance on the possession action process for landlords.

Landlords and tenants will be notified of any changes in the progression of their case by the court.

1.21 Are tenants still protected by the Coronavirus Act 2020 now that the suspension of possession cases in court has been lifted?

Tenants are still protected by the Coronavirus Act 2020. From 29 August 2020, landlords must provide 6 months’ notice in most circumstances. Section 1.8 contains more information on the provisions in the Coronavirus Act 2020.

1.22 What is mediation?

A mediator is an impartial person who helps both sides work out an agreement. The mediator is neutral and will not make any judgment on the rights or wrongs of the case. The role of the mediator is to help you and the other party negotiate an agreement.

Mediation is a voluntary process, so both parties involved need to want to use the service. In mediation, each side can sum up the main points of their case and think about what the other side has to say. A mediator helps both parties to consider whether they can both reach agreement about how the dispute could be settled.

Mediation can, in some cases, avoid the need for court action. However, where cases are brought to court, mediation can still help to resolve the dispute. Duty solicitors and other legal professionals can help support both parties to reach resolution without the need for a full hearing.

Local authorities may also be able to support negotiations between a landlord and tenant. If anyone is at risk of homelessness, their local authority has a duty to work with them to help prevent them becoming homeless. The relevant local authority can be found here: Find your local council.

Tenants should also consider speaking to a free, impartial advice service, such as Citizens Advice.

No mediator can guarantee a successful result – both parties need to work constructively to reach an agreement – and in some cases, such as where a landlord or tenant is behaving criminally, mediation is not an appropriate solution.

1.23 How does the mediation pilot work?

As part of the new court arrangements put in place following the end of the stay on possessions, tenants will have access to free legal advice from the Housing Possession Court Duty Scheme (HPCDS) on the Review day. If both parties agree and the case is considered suitable, the case will be referred for the free mediation service. A mediator from the Society of Mediators will then get in touch with the tenant and landlord to arrange a suitable time for the mediation to take place. This will be a series of telephone calls between all parties. This will provide the landlord and tenant with an opportunity to reach an agreement that best suits them and can be sustained.

If an agreement is reached during mediation, then the mediator will ask both parties to sign an agreement and will inform the court of the outcome. If an agreement is not reached, then the substantive hearing will take place on the date specified. Agreeing to mediation will not make the court possession process any longer

1.24 What are the benefits of mediation?

Mediation can be quicker and less expensive. 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.

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.

1.25 How do I contact a mediation service?

The government is funding the Society of Mediators to pilot a new mediation service as part of the possession process to support landlords and tenants to resolve disputes before the substantive hearing. A referral to the service will be made on the day of the Review if both parties agree.

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:

online
with a consumer advice service
with your local council
with a legal professional

Although mediation is more flexible that the court process, parties should still seek independent legal advice. This is available for free to tenants on the day of their review through the Housing Court Possession Duty Scheme, before any referral to the mediation pilot is made.

Question 4

2.  Repairs, maintenance and health and safety

Accepted Answer

We are committed to helping to ensure that everyone renting their home has a safe and decent place to live. As part of our national effort to respond to COVID-19 it is vital that local authorities, landlords and tenants continue to work together to keep rented properties safe. We continue to support the positive partnership between landlords and tenants which underpins all well-functioning tenancies.

It is in the best interests of both tenants and landlords to ensure that properties are kept in good repair and free from hazards. Tenants should let their landlords know early if there is a problem and landlords should take the appropriate action as soon as possible.

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

For households in which one or more people are shielding, any non-emergency work should only be undertaken at the discretion of the individuals concerned and anyone entering a clinically extremely vulnerable (CEV) household should take significant precautions to prevent infection.

Landlords can take steps to carry out repairs and safety inspections under the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Clinically extremely vulnerable people can permit landlords and contractors to carry out routine repairs and inspections, providing that the latest latest guidance on the national lockdown is followed and provided that they have discussed it with the occupants beforehand who do not wish to delay the works. It is important that any work is carried out in accordance with the latest guidance for clinically extremely vulnerable individuals.

Landlords should be aware that some tenants may still want to exercise caution and should respect this when engaging with their tenants.

Tenants who are not self-isolating but who are concerned about the transmission of COVID-19 may be reluctant to allow landlords, or their contractors, to enter their homes to carry out work. These tenants may decide they wish to delay this work. In these cases, landlords should work with tenants to help them understand why the work is necessary, what the risks are of not carrying out the work and to try find a way to carry out work safely if possible. If tenants do delay work for these reasons, it is vital that they schedule these works as soon as they feel it is safe to do so.

Tenants who are concerned about landlords or contractors entering their homes to carry out work should discuss this with their landlord and may also wish to contact their local authority, who are responsible for enforcing standards in privately rented homes.

We understand current restrictions may mean it is harder to carry out routine or essential repairs and maintenance, but we expect landlords to make every effort to meet their responsibilities. Because of these restrictions, we are recommending a pragmatic approach to enforcement from local authorities. This should mean that tenants who are living with serious hazards that a landlord has failed to remedy can still be assured of local authority support, but that landlords should also know they should not be unfairly penalised where COVID-19 restrictions may have prevented them from meeting some routine obligations.

It’s important to remember that tenants still have a right to a decent, warm and safe place to live – and it is in the best interests of both tenants and landlords to ensure that properties are kept in good repair and free from hazards. Landlords should take account of government guidance on working safely in people’s homes when resuming repair and maintenance services in properties occupied by tenants.

See the full series of government guidance on coronavirus.

Government guidance on working safely in people’s homes has been published.

Question 5

Tenants

Accepted Answer

2.1 What does this mean for repairs and works in my home?

Tradespeople can continue to visit people’s homes to carry out any work or maintenance under the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

If they are not self-isolating, tenants can allow local authorities, landlords or contractors access to their home in order to carry out a range of works. This includes:

routine inspections, including annual gas safety checks
essential and non-essential repairs and maintenance
planned maintenance activity inside and outside the home

Services should be designed to ensure appropriate social distancing is maintained (insofar as possible) and hygiene procedures should be followed alongside the wearing of a face covering and not touching the face. Some landlords will have a backlog of repairs that they will need to address, so it may take longer than normal to carry out more non-essential work which will need to be prioritised.

Tenants who are not self-isolating but who are concerned about the transmission of COVID-19 may be reluctant to allow landlords, or their contractors, to enter their homes to carry out work. These tenants may decide they wish to delay this work. In these cases, landlords should work with tenants to help them understand why the work is necessary, what the risks are of not carrying out the work and to try find a way to carry out work safely if possible. If tenants do delay work for these reasons, it is vital that they schedule these works as soon as they feel it is safe to do so.

Tenants who are concerned about landlords or contractors entering their homes to carry out work should discuss this with their landlord and may also wish to contact their local authority, who are responsible for enforcing standards in privately rented homes.

If tenants are self-isolating, no work should be carried out in their home unless it is to remedy a direct risk that affects their safety or the safety of their household. These are issues which will affect their ability to live safely and maintain their mental and physical health in their home. In such cases, prior arrangements should be made to avoid any face to face contact, for example, when answering the door. Landlords and contractors should stay up to date with the latest guidance on working safely in people’s homes.

Clinically extremely vulnerable people can permit landlords and contractors to carry out routine repairs and inspections, provided the latest guidance on social distancing and working safely in people’s homes is followed and provided that landlords have discussed it with the occupants beforehand who do not wish to delay the works.

Landlords should be aware that some tenants may still want to exercise caution and respect this when engaging with their tenants. It is important that any work is carried out in accordance with the latest guidance on working safely in people’s homes and guidance for clinically extremely vulnerable individuals.

Tenants must continue to meet their legal and contractual obligations as a tenant, including paying rent. Section 1 of this document provides guidance for those who are experiencing difficulties paying their rent.

2.2 I was previously advised to shield. Can I let someone into my home for routine repairs and maintenance work?

Clinically extremely vulnerable people can permit landlords and contractors to carry out routine repairs and inspections, provided the latest guidance on social distancing, working safely in people’s homes and guidance for clinically extremely vulnerable individuals is followed and provided that landlords have discussed it with the occupants beforehand who do not wish to delay the works.

For households in which one or more people are shielding, any non-emergency work should only be undertaken at the discretion of the individuals concerned and anyone entering a clinically extremely vulnerable (CEV) household should take significant precautions to prevent infection.

Where permitted, prior arrangements should be made to maintain appropriate social distancing during the visit.

See government guidance on cleaning homes to minimise the risk of infection.

2.3 Should I allow my landlord in to carry out gas safety inspections?

Gas safety inspections ensure that all tenants, including the vulnerable, are protected from possibly fatal risks arising from carbon monoxide exposure or gas explosions.

Landlords should not suspend all gas safety checks at this time as it will unnecessarily put tenants at increased risk, particularly as people are spending most, and in some cases all, of their time at home.

If a tenant is clinically extremely vulnerable, they should inform their landlord. Before undertaking the check, prior arrangements should be made to ensure that appropriate social distancing is maintained during the visit.

The Health and Safety Executive (HSE) have provided detailed advice on gas safety in rented properties, including in properties with clinically vulnerable or extremely vulnerable tenants.

2.4 My landlord wants access to my property to conduct viewings for sale or letting, do I have to let them in?

House viewings can proceed under the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation. Tenants’ safety should be the priority of letting agents and landlords.

Where possible, virtual viewings should be used before visiting properties in person in order to minimise public health risks. If any member of either the household being viewed, or the household undertaking a viewing is showing symptoms of COVID-19 or is self-isolating, then an in-person viewing should be delayed until the viewing is able to take place.

We expect property agents to accompany clients on a viewing and follow social distancing guidance. Where viewings are unaccompanied, agents should make sure viewers and the occupants of the home understand how they should conduct themselves to protect their health and the health of others.

Members of the public who are viewing a property should wear a suitable face covering as described in government guidance unless they are exempt from this requirement. This should be confirmed with the agent before arrival. Anyone with concerns should contact the agent in advance of their visit to discuss appropriate measures.

If your property is being viewed, you should open all the internal doors prior to the viewing to improve ventilation and allow access to handwashing facilities and ideally separate towels/paper towels to avoid potential spread of the virus.

We would recommend that you vacate your property whilst viewings are taking place in order to minimise unnecessary contact.

Where viewings proceed, they should be conducted in line with the guidance on viewings included in the guidance on moving home during the coronavirus (COVID-19) period in England.

2.5 What if I have a move planned?

You are free to move home, whether renting or buying under the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Where a home move proceeds, they should be conducted in line with guidance on moving home during the coronavirus (COVID-19) period in England.

You may find the process of searching for and moving into a new home is different, as property agents, conveyancers and other professionals have modified how they work to reduce the risk from COVID-19. These changes could include doing more online, such as offering virtual viewings; vacating your current property during viewings; and ensuring your property is thoroughly cleaned before someone else moves in.

Moving home is not appropriate if those involved pose a direct risk of transmitting COVID-19. See guidance.

We encourage all parties involved to be as flexible as possible over this period and be prepared to delay moves, for example if someone becomes ill with coronavirus during the moving process or has to self-isolate. Clinically extremely vulnerable individuals will need to carefully consider their personal situation and the circumstances of their home move and may wish to seek medical advice before deciding whether to commit or go ahead with a move

If tenants decide to move out of their rented accommodation, they must comply with their tenancy requirements including on giving notice. This will usually involve informing the landlord in writing of their intention to vacate. The tenancy agreement should say how much notice tenants must give the landlord if they want to leave– one month’s notice is typical.

2.6 Can I move into new shared accommodation with other people?

Yes. There is no restriction on people moving permanently into new shared accommodation e.g. a shared flat or house in multiple occupation (HMO). Where moving into new shared accommodation, such as a shared flat or HMO, this will become the private dwelling where they are living for the purposes of any guidance. People who live in shared accommodation should continue to follow the relevant rules and guidance on meeting people from outside of your household.

You should follow the latest guidance on moving home during the coronavirus (COVID-19) period in England.

You are free to move home, whether buying or renting, under the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

2.7 Should students return to their accommodation during the national lockdown?

Most students should not return to university and should study online from their current residence, where possible, until at least 8 March. The government will announce shortly whether any further students can return to face-to-face teaching from 8 March onwards. The government is now prioritising only the return to face-to-face teaching for courses which are most important to be delivered in-person in order to support the pipeline of future key workers. Only students doing medical, clinical and healthcare related subjects, including nursing, social care, dentistry and veterinary studies should return to face-to-face learning as planned. Those on teacher training courses and students who must complete externally-accredited examinations, which cannot be completed remotely, should also return to in-person teaching.

All other students should not return to campus. They are being asked to stay where they are and access their learning online during the period of national lockdown. Remaining students should be able to return, on a staggered basis, once the national lockdown in England is lifted.

All students will be offered testing on their return to university and are strongly encouraged to take this up. Any returning student who chooses not to be tested should self-isolate for ten days.

Universities should provide access to university facilities on an exceptional basis only, where students do not have alternative accommodation or facilities to access online learning elsewhere, or where they have health reasons to do so. This includes international students.

Read further guidance for students during coronavirus (COVID-19).

2.8 What if I want to vacate the property before the end of my tenancy agreement?

Tenants must continue to provide notice as required in their tenancy agreement if they need to leave their tenancy. If they need to vacate the property before any agreed departure date, they should speak to their landlord.

Tenants will remain liable for rent until the fixed-term agreement has ended or, in the case of a statutory periodic tenancy, until the required notice period under the tenancy agreement has expired.

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

If tenants leave, they should return all sets of keys to the property to their landlord and clear the property of their possessions.

This could include:

a flat or house share where tenants live with another person with whom they are not related and share cooking and bathroom facilities
a House in Multiple Occupation (HMO), which is where 3 or more people from 2 or more different families share cooking or bathroom facilities
co-living where multiple people/households share some facilities or common areas

If tenants share facilities or common areas with other people, all residents should always do their very best to follow the latest coronavirus (COVID-19) guidance. Everyone in the household should regularly wash their hands, avoid touching their face, and clean frequently touched surfaces.

See government guidance on cleaning homes to minimise the risk of infection.

The government has issued guidance for households with possible or confirmed coronavirus (COVID-19) 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 coronavirus (COVID-19).

This means that if a tenant shares with people who they are not related to and develop symptoms of coronavirus (COVID-19), they should self-isolate at home for 10 days from when the symptoms started and follow government guidance for households with possible or confirmed coronavirus (COVID-19) infection.

All other residents of the home should also follow the government guidance for households with possible or confirmed coronavirus (COVID-19) infection. The contacts of individuals who test positive for coronavirus (COVID-19) are required to self isolate for a period of 10 days. Contacts will need to self isolate for 10 days from the day after contact with the individual who tested positive has taken place.

Should they develop symptoms they should then self-isolate for 10 days from the onset of symptoms or longer if symptoms persist. Where possible, individuals should not go out even to buy food or other essentials, and any exercise should be taken within their home.

2.10 What steps can I take to minimise the spread of infection, particularly if I live with other people in shared accommodation?

COVID-19 spreads from person to person through small droplets, aerosols and through direct contact. Surfaces and belongings can also be contaminated with COVID-19 when people with the infection cough or sneeze or touch them. The risk of spread is greatest when people are close to each other, especially in poorly ventilated indoor spaces and when people spend a lot of time together in the same room.

It will be difficult for some people to separate themselves from others at home. You should do your very best to follow this guidance and everyone in your household should:

wash their hands more frequently, for 20 seconds, with soap and water or use hand sanitiser and avoid touching their face
regularly clean frequently touched surfaces
make sure you let plenty of fresh air into your home

The stay at home guidance for households with possible COVID-19 infection contains more detailed guidance on what to do about cleaning, disposal of waste, laundry and other useful information.

Let fresh air in (ventilation)

In addition to social distancing and other measures, you can also reduce the risk of spreading COVID-19 if you:

avoid coming into contact with people in spaces with limited flow of fresh air such as rooms with windows that are never opened
make sure you let plenty of fresh air into your home without getting uncomfortably cold if you have people working in or visiting your house for permitted reasons. You should do this during their visit and after they leave

To increase the flow of air you can:

open windows as much as possible
open doors
make sure that any vents (for example at the top of a window) are open and airflow is not blocked
leave extractor fans (for example in bathrooms) running for longer than usual with the door closed after someone has used the room

If your home has a mechanical ventilation system which circulates fresh air through vents and ducts, ensure it is working and increase its flow rate when you have visitors (for example, if someone is viewing your house to buy) or if someone in your home is sick. Ensure ventilation from the room of the person who is ill or isolating only ventilates to the outside (eg through a window), not to other parts of the property.

Cleaning

Regular cleaning plays a vital role in limiting the transmission of COVID-19.

Reducing clutter and removing difficult to clean items can make cleaning easier. Increase the frequency of cleaning, using standard cleaning products such as detergents and bleach, paying attention to all surfaces but especially ones that are touched frequently, such as door handles, light switches, remote controls and electronic devices.

Cleaning should be more frequent depending on the number of people using the space, and whether they are entering and exiting the setting. Cleaning of frequently touched surfaces is particularly important in bathrooms and communal kitchens.

Kitchen

It is very unlikely that COVID-19 is transmitted through food. However, as a matter of good hygiene practice, anyone handling food should wash their hands often with soap and water for at least 20 seconds before doing so.

Use a dishwasher to clean and dry your crockery and cutlery. If this is not possible, wash them by hand using washing up liquid and warm water and dry thoroughly using a separate tea towel. Clean frequently touched surfaces regularly and common kitchen appliances including fridge handles and kettles.

Bathrooms

If available, operate a bathroom fan when the bathroom is in use and clean frequently touched surfaces regularly, as well as opening window/s (if available). Toilet lids should be closed before flushing to reduce aerosol droplets. Where cloth towels are used, these should be for individual use and laundered in accordance with washing instructions.

Increased attention should be paid to any potential defects in sanitary plumbing systems in residential blocks, such as unexplained odours.

2.11 What should I do to prevent the spread of infection if I am clinically extremely vulnerable and I live in rented accommodation with other people?

In the first instance, you should check the latest guidance for individuals who are clinically extremely vulnerable to see how you are affected and what support is available.

In addition to the suggestions in this document, you should also follow the general advice on how to stop the spread of coronavirus at all times. For example, you may wish to take precautions such as limiting the amount of time you spend in shared spaces such as kitchens, bathrooms and sitting areas. Shared spaces should continue to be kept well ventilated.

You may also wish to use a separate bathroom from the rest of the household, if possible. If residents share a bathroom or kitchen with a vulnerable person, it is important that this is cleaned every time it is used, for example by wiping surfaces. Alternatively, they may wish to consider using a rota, with the vulnerable person using the facilities first.

Please refer to the updated guidance for clinically extremely vulnerable individuals.

Landlords and/or managing agents should help by, for example, closing non-essential indoor communal space where it would not be possible to maintain social distancing (e.g. small shared spaces for use by more than one household). See also section 2.13 on specialist sheltered/retirement and housing with care (‘extra-care’) schemes.

Those who develop symptoms of coronavirus, should not use these facilities, regardless of whether they remain open. For people who are clinically extremely vulnerable, please refer to the latest guidance for individuals who are clinically extremely vulnerable.

Essential communal space includes shared kitchens, bathrooms, lavatories or sitting rooms. If tenants share essential communal space, they should follow the guidance for households with possible coronavirus (COVID-19) infection.

Shared outdoor spaces such as communal gardens may remain open for use by tenants, but the latest government guidance on social contact must be followed.

Grounds maintenance and estate services can continue. When undertaking such work, landlords should have regard to relevant guidance on social distancing in the workplace.

2.13 What about communal lounges and canteens in specialist sheltered/retirement and extra-care schemes?

It is reasonable that residents might be able to use communal indoor areas such as lounges (especially when the weather is cold) in specialist sheltered, retirement and housing-with-care schemes provided it is possible to practice safe distancing and regular cleaning.

The social contact rules must be followed in the indoor space. Only households and linked households can mix together indoors. This means that groups would have to socially distance from other groups within the shared space. In deciding whether to open or close such spaces, landlords and scheme managers will need to undertake their own local risk assessment, balancing the importance of measures that can assist residents’ wider well-being and independence, the need to have the right COVID-19 infection control measures in place and the need to comply with the restrictions on gathering indoors.

If keeping such lounges open, landlords may wish to consider whether use should be restricted to a single household (including those in a single support bubble) at a time, with cleaning in between users.

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.

Specific guidance on on-site canteens and restaurants

All restaurants, canteens and cafes are required to close, unless an exception applies. The closed business can open to provide takeaway between 05.00 and 23.00. Takeaway is not permitted after 11pm, but click-and-collect (following orders made via telephone or online) and delivery services can continue.

The regulations include an exception for restaurants and cafes to remain open in extra care schemes for the consumption of food by certain residents where it is reasonably necessary for safeguarding that person’s physical or mental health. This exemption only applies to residents with needs for care and support who have accommodation at the extra care housing scheme.

This therefore does not provide a blanket exception to the opening of these facilities for consumption of food on all sites and for all residents. Facilities will be able to continue providing takeaway and delivery services for all residents as per the overall regulations.

This exception seeks to balance the potential risks to individuals of not being able to eat in their usual routine setting with the overall risks of infection in the highest prevalence areas.

In determining whether a restaurant or café in an extra care housing setting should be open for specific individuals to consume food or drink, providers and scheme managers should make individual risk assessments, considering whether an individual’s physical and mental health could be safeguarded in other ways – for example through provision of takeaway food for consumption in a resident’s property. Where appropriate they should do this in consultation with any catering service provider or on-site care provider.

Providers may also want to consider how groups of individuals visiting facilities for the purpose of consuming food could be staggered and managed alongside any provision of take away services.

Relevant social distancing and cleaning protocols should be put in place to ensure residents using the facilities can do so in a COVID-19 secure way and in compliance with restrictions on gatherings, with procedures in between use for deep cleaning where necessary.

Find further published Public Health England guidance on safe ways of working in supported living environments (also applicable to some degree to extra care settings).

2.14 What should I do if I live in overcrowded accommodation?

For the purpose of this guidance, accommodation is overcrowded if it is so dangerous that there is a risk to the health of the residents.

It may be harder for residents of overcrowded properties to take appropriate precautions to protect themselves from COVID-19 in the same way as residents of other properties.

You should pay particular attention to the above guidance on how to minimise the spread of infection, including:

washing hands more frequently, for 20 seconds, with soap and water or use hand sanitiser and avoid touching your face
regularly clean frequently touched surfaces
make sure you let plenty of fresh air into your home

Local authorities have enforcement powers to require landlords to remedy serious overcrowding hazards. However, we expect local authorities to take a common-sense approach to using these powers and would instead encourage landlords and other tenants to work together wherever feasible in order to help to support these residents and carefully follow the relevant guidance on social distancing. If you think your property has a serious overcrowding hazard that affects your ability to follow coronavirus guidance you should contact your local authority

Some clinically extremely vulnerable tenants may want to continue to observe social distancing. In these cases, landlords should do what they can to help tenants achieve this.

Please refer to the guidance for people who are clinically extremely vulnerable from COVID-19.

If you live in a household with different generations, for example grandparents, parents, and children living together, then please refer to this guidance to prevent the spread of COVID-19.

2.15 How do I minimise the spread of infection if I am are clinically extremely vulnerable and live in overcrowded accommodation?

In the first instance, you should check the latest guidance for individuals who are clinically extremely vulnerable to see how you are affected and what support is available.

In addition to the suggestions in this document, you should also follow the general advice on how to stop the spread of coronavirus at all times. You may want to discuss your needs with your local authority if you follow this guidance to help you access support.

If a local authority identifies a serious hazard in a rented home – which may include overcrowding – they must take action against the landlords of the property. We encourage residents and landlords to work together wherever feasible to support everyone to follow social distancing. If you think your property has a serious overcrowding hazard that affects your ability to follow coronavirus guidance you should contact your local authority.

If tenants have already 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. ASB Help can also provide specific advice on dealing with anti-social behaviour.

Local authorities and the police have strong powers to tackle anti-social behaviour available through the Anti-social Behaviour, Crime and Policing Act 2014. These include the use of Civil Injunctions, Community Protection Notices, and Closure Orders, which can be used to address instances of anti-social behaviour. We expect these powers to continue to be used during the period affected by Coronavirus.

If the tenant causing the problem lives in a licensed House in Multiple Occupation, the landlord will be required by their licence to take action to reduce anti-social behaviour in the property. Tenants should therefore contact the local authority regarding their concerns.

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

For anyone who has reported persistent anti-social behaviour to any of the main responsible agencies (such as the council, police, housing provider), they have the right to request a formal case review, also known as the Community Trigger, where a locally defined threshold is met. The local police or local council will be able to provide further information about the Community Trigger process in the area.

Question 6

Landlords

Accepted Answer

2.17 What does the current situation mean for repairs and inspections to my property?

Tenants still have a right to a decent, warm and safe place to live – and it is in the best interests of both tenants and landlords to ensure that properties are kept in good repair and free from hazards. Landlords should take account of government guidance on working safely in people’s homes when resuming repair and maintenance services in properties occupied by tenants.

Landlords can take steps to carry out repairs and safety inspections, including routine and essential inspections and repairs, as well as any planned internal works to the property under the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Landlords and contractors can now carry out routine repairs and inspections in households with clinically extremely vulnerable occupants, during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation and provided that they have discussed it with the occupants beforehand who do not wish to delay the works. Landlords and tenants should work together to make prior arrangements to ensure that social distancing is maintained and hygiene procedures should be followed in line with the latest guidance on working safely in people’s homes.

Landlords should be aware that some tenants may still want to exercise caution and respect this when engaging with their tenants. It is important that any work is carried out in accordance with the latest guidance on working safely in people’s homes and guidance for clinically extremely vulnerable individuals.

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

For households in which one or more people are shielding, any non-emergency work should only be undertaken at the discretion of the individuals concerned and anyone entering a clinically extremely vulnerable (CEV) household should take significant precautions to prevent infection.

2.18 What about works on empty and void properties to prepare them for being let?

There is no reason why landlords should not undertake work on empty and void properties to prepare them for being let to new tenants. When undertaking such work, landlords should have regard to relevant guidance on social distancing in the workplace.

2.19 What about works to the exterior of properties, and to external communal areas?

Landlords should be able to carry out works to the outside of dwellings, such as routine maintenance, grounds maintenance and cleaning of communal areas, it is advised contractors comply with relevant guidance on social distancing in the workplace.

In particular, no work should be carried out if it means landlords or contractors may have to enter a household which is self-isolating because one or more family members has symptoms, unless it is to remedy a direct risk to the safety of the household.

Landlords can take steps to carry out repairs and safety inspections, including routine and essential inspections and repairs, as well as any planned internal works to the property during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

2.20 What about planned maintenance to the property?

Landlords or contractors should be able to enter most homes to carry out planned maintenance activities, such as kitchen replacement programmes during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Planned maintenance activities should not be carried out where operatives or contractors are required to enter the homes of households that are self-isolating. If this means that a planned programme of works is best delayed, landlords should take steps to manage resident expectations.

Landlords and contractors can now carry out routine repairs and planned maintenance activities in households with clinically extremely vulnerable occupants provided that they have discussed it with the occupants beforehand who do not wish to delay the works. In these cases, landlords and tenants should work together to make prior arrangements to ensure that social distancing is maintained and hygiene procedures are followed in line with the latest guidance on working safely in people’s homes.

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

For households in which one or more people are shielding, any non-emergency work should only be undertaken at the discretion of the individuals concerned and anyone entering a clinically extremely vulnerable (CEV) household should take significant precautions to prevent infection.

2.21 What about my legal obligations to provide regular gas and electrical safety inspections? Will I be prosecuted if I can’t get access because I or my tenants are self-isolating?

Safety in the home remains extremely important and therefore all landlords should make every effort to abide by existing gas safety regulations – and in the private rented sector, the new electrical safety regulations which apply to new tenancies from 1 July 2020 – providing this can be done in line with guidance on working in people’s homes.

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 and contractors can carry out both routine and essential repairs in all households including those with clinically extremely vulnerable occupants. However, they should discuss with the occupants beforehand and establish if they wish to delay the works due to concerns about COVID-19. Landlords and tenants should work together to make prior arrangements to ensure that social distancing is maintained (insofar as possible).

See guidance from the Health and Safety Executive for landlords and Gas Safe engineers and inspectors.

We recognise that the restrictions imposed by current measures to minimise the infection risks from COVID-19 may make this more difficult, for example where households are isolating. Under such circumstances, provided the landlord can demonstrate they have taken reasonable steps to comply, they would not be in breach of their legal duties. (see below).

Local authorities and other enforcement agencies are aware of guidance for people working in other people’s homes and how this will affect landlords complying with gas and electrical safety requirements. We are encouraging a pragmatic, common-sense approach to enforcement in these unprecedented times.

Landlords are legally required to provide tenants with all necessary gas and electrical safety and any other relevant certification at the beginning of a tenancy (and carry out all scheduled inspections and tests where required). Where inspections have already been carried out, documents can be provided by post or in some circumstances it may be possible to provide digital copies.

For further information about gas safety certificates and possession proceedings during the COVID-19 outbreak, please see the technical guidance.

Electrical and gas safety in privately rented properties

The Electrical Safety Standards in the Private Rented Sector Regulations 2020 were made on 18 March and apply to all new tenancies from 1 July 2020 and will apply for existing tenancies on 1 April 2021.

The Electrical Safety Regulations require landlords to:

Have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every 5 years.
Provide a copy of the report (known as the Electrical Safety Condition Report or EICR) to their tenants, and to the local authority if requested.
If the EICR requires investigative or remedial works, landlords will have to carry this out within 28 days or a shorter period if specified in the report. Written confirmation of the completion of the remedial works from the electrician must be supplied to the tenant and the local authority within 28 days of completion of the works.

The Gas Safety (Installation and Use) Regulations 1998 require landlords to have annual gas safety check on each appliance and flue carried out by engineer registered with the Gas Safe Register and to keep a record of each safety check. Further advice can be found on the Gas Safe Register’s website.

Both regulations are clear on the issue of compliance. With regards to the Electrical Safety Regulations, a landlord would not be in breach of the duty to comply with a remedial notice if the landlord can show they have taken all reasonable steps to comply. With regards to a landlord’s duties under the Gas Safety Regulations, a landlord would not be liable for an offence if the landlord can show they have taken all reasonable steps to prevent the contravention.

A landlord could show reasonable steps by keeping copies of all communications they have had with their tenants and with electricians as they tried to arrange the work, including any replies they have had. Landlords may also want to provide other evidence they have that the installation, appliance or flue is in a good condition while they attempt to arrange works.

2.22 What about access to a property to conduct viewings or where a move is scheduled?

House viewings can still proceed throughout during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Where viewings proceed, they should be conducted in line with the guidance on viewings.

Tenants’ safety should be the priority of letting agents and landlords.

Where possible, virtual viewings should be used before visiting properties in person in order to minimise public health risks. If any member of either the household being viewed, or the household undertaking a viewing is showing symptoms of COVID-19 or is self-isolating, then an in-person viewing should be delayed.

We recommend that current occupiers vacate the property while viewings are taking place in order to minimise unnecessary contact.

Members of the public who are viewing a property should wear a suitable face covering as described in government guidance unless they are exempt from this requirement. This should be confirmed with the agent before arrival. Anyone with concerns should contact the agent in advance of their visit to discuss appropriate measures.

We expect property agents to accompany clients on a viewing and follow social distancing guidance. Where viewings are unaccompanied, agents should make sure viewers and the occupants of the home understand how they should conduct themselves to protect their health and the health of others.

Where viewings proceed, they should be conducted in line with the guidance on viewings.

Home moves, whether renting or buying, can take place during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Where a home move proceeds, they should be conducted in line the guidance on moving home during the coronavirus (COVID-19) period in England.

Moving home is not appropriate if those involved pose a direct risk of transmitting COVID-19.

We encourage all parties involved to be as flexible as possible over this period and be prepared to delay moves, for example if someone becomes ill with coronavirus during the moving process or has to self-isolate. Extremely clinically vulnerable individuals will need to carefully consider their personal situation and the circumstances of their home move and may wish to seek medical advice before deciding whether to commit or go ahead with a move.

2.23 What about the risk of catching the virus (COVID-19)?

Landlords must follow sensible precautions to keep themselves safe when they or contractors or others are visiting the property. Landlords should stay updated with the latest guidance and consider how it can be applied.

2.24 I rent out a House in Multiple Occupation (HMO) and one of the tenants has the virus. Am I obliged to remove them or find my tenants another place to stay?

No. Nobody can be removed from their home because of COVID-19.

Landlords are not obliged to provide alternative accommodation for tenants if others in the property contract the virus.

Landlords could help by, for example, closing non-essential communal space where it would not be possible to maintain social distancing (e.g. small shared spaces for use by more than one household).

The government has issued specific guidance on what to do if someone in the household has contracted the virus.

The tenant section of this guidance sets out information for tenants living in shared accommodation. Landlords may also wish to direct their tenants to government guidance on cleanliness and hygiene for non-medical locations.

2.25 I’m a landlord and/or managing agent of residential block with communal areas, what steps should I take to minimise the risk of infection in common areas or shared facilities?

Landlords and/or managing agents should carry out their own risk assessments to identify suitable control measures to mitigate the risk of transmission in common areas or shared facilities. Existing guidance should also be updated to reflect these control measures. Potential risks will be dependent on the layout of the building, and other factors such as the facilities available.

Social distancing in residential blocks with communal areas poses unique challenges due to the number of people living in the same building and the frequency of use of common areas or shared facilities.

Landlords and/or managing agents should consider whether any additional steps are required to ensure the safe use of lifts and stairwells to mitigate the risk of transmission. This will depend on the types of buildings and number of lifts/stairwells they have. Possible action may include limiting the number of people who can use a lift at any one time, or one-way systems to reduce congestion.

Many residential blocks provide shared facilities such as laundry rooms and waste disposal areas. Any risk assessment should give consideration to the safe use of these areas, and tenants should be reminded of the need to avoid close contact with other residents through the use posters and/or floor markings. Landlords and/or managing agents may wish to close or restrict use of non-essential indoor communal space where it would not be possible to maintain social distancing (e.g. shared spaces for use by more than one household).

There should be increased frequency of cleaning of common areas or shared facilities to reduce the presence of the virus and the risk of contact. This includes ‘frequent touch’ surfaces which are in regular use, such as entry control systems, door handles, handrails, buttons and bin lids. Staff responsible for cleaning these areas should have appropriate protection and cleaning supplies. The minimum PPE to be worn for cleaning an area after a person with symptoms of, or confirmed, COVID-19 who has left the setting possible is disposable gloves and an apron.

Keeping indoor areas well-ventilated as much as is possible will reduce the risk of transmission by diluting internal air with fresh outside air. This should be balanced with other considerations such as comfort, safety and security.

Try opening windows or doors and using trickle vents if these are fitted to windows. Extractor fans, where fitted that vent outside, should also be used. Windows do not need to be opened as wide in colder weather to achieve sufficient ventilation because the differences in temperature between the inside and outside increases the ventilation.

Mechanical ventilation can be improved by adjusting systems to provide more outdoor air and recirculating less air. In colder weather, the amount of fresh air should be maximised, and the recirculation minimised as far as systems allow without significantly compromising comfort.

Guidance and advice on coronavirus (COVID-19) should be clearly communicated to all tenants through accessible means such as letters, posters or emails. Consideration should also be given to language, cultural, and disability barriers.

2.26 I rent out a House in Multiple Occupation (HMO) which has an unoccupied room or has a tenant wishing to vacate their room soon. Can I admit or replace new tenants into my property where existing tenants will be continuing to reside?

Moves into HMOs are not prohibited. The government has issued guidance on how to minimise the risks of spreading the coronavirus when doing so.

There may be additional risks involved in moving into a HMO at this time, which is why it is important that all involved take reasonable precautions.

During viewings, tenants that share a HMO are advised to stay out of indoor common areas, such as kitchens, bathrooms or sitting areas, during a viewing. If it is not a tenant’s own private room that is being viewed, they can also remain inside this room with the doors closed.

HMO landlords always retain responsibility for the cleaning of common areas and are reminded to take particular care with respect to the conduct of visitors during viewings and any cleaning that may be required before, during or after.

Tenant safety should be landlords’ and letting agents’ priority in this or any other move. Where restrictions are put in place in a specific local area, any local advice should also be observed.

Home moves, whether renting or buying, can take place during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Where a home move proceeds, they should be conducted in line the guidance on moving home during the coronavirus (COVID-19) period in England

2.27 My property is in an area subject to selective or additional licensing. What is going to happen to it?

Government is encouraging local authorities to take a common-sense, pragmatic approach to enforcement during these unprecedented circumstances. Local authorities should base licensing interventions on assessment of risks.

In light of the unprecedented circumstances presented by coronavirus, we continue to advise landlords not to commence new notices seeking possession during this challenging time without a very good reason to do so. Eviction of a tenant should only be used as a last resort, where the measures described below fail to resolve the problem.

Landlords should initially seek to discuss the issue constructively with their tenants to resolve the matter. This could include trying to understand the reasons behind the problems that are causing the complaints and agreeing on a plan to address them.

If this isn’t successful, then both private and social landlords can work with their local authority and other local agencies to address anti-social behaviour in their property. Local authorities and the police have powers to tackle anti-social behaviour available through the Anti-social Behaviour, Crime and Policing Act 2014. These include:

Community Protection Notices which can be used by the police or the local authority to deal with ongoing problems or nuisances which are having a persistent or continuing and detrimental effect on the quality of life of those in the locality.
Criminal Behaviour Orders which can be issued by a court and impose restrictions or positive requirements on an individual convicted of a previous criminal offence, who has engaged in behaviour that has caused, or was likely to cause, harassment, alarm or distress.
Civil Injunctions which are available to the police, local council and other local agencies on application to the courts and can impose restrictions or positive requirements on individuals who have engaged or threatened to engage in anti-social behaviour in order to prevent them from engaging in this behaviour.
A Closure Power which the police and local authorities can use to close premises of which use has resulted in, or is likely soon to result in, nuisance and disorder.

These powers and tools continue to be applicable during the period affected by coronavirus. You may wish to read the statutory guidance for frontline practitioners on the use of powers to address anti-social behaviour.

We have extended the provisions of the Coronavirus Act 2020, meaning that from 29 August 2020, landlords must provide 6 months’ notice in most circumstances where they wish to repossess their property.

However, in certain cases, it is important that landlords can progress cases within shorter timeframes. 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, domestic abuse 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, landlords will be able to apply to the court for an order for possession.

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.

2.29 I am a private landlord and my property is currently empty. How can I put my property to good use?

The government has amended the coronavirus (COVID-19) regulations to make clear that people who wish to move home can do so. See revised guidance on moving home during the coronavirus (COVID-19) period in England.

The process of finding and moving into a new home will need to be different given those involved in the process will have to adapt practices and procedures to ensure that the risk of the spread of coronavirus (COVID-19) is reduced as far as possible.

Home moves can take place during the national lockdown which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation.

Where a home move proceeds, they should be conducted in line the guidance on moving home during the coronavirus (COVID-19) period in England.

Landlords are also encouraged to contact their local authority homelessness departments or private rented sector procurement team who can speak to them about renting their property to a homeless household which may guarantee them an income during this time.

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1. Rent, mortgage payments and possession proceedings

Rent and mortgage payments

1.1 As a tenant, should I stop paying rent during the pandemic?

1.2 What can I do about rent arrears?

1.3 I’m a landlord. What can I do about mortgage repayments?

1.4 I’m a shared owner. How does this affect me?

1.5 As a landlord, should I stop charging rent during the pandemic?

1.6 Is my money protected? – Tenancy Deposit Protection and Client Money Protection

1.7 I am a landlord and I want to reduce rent for my tenant. Will this breach the deposit cap as defined by the Tenant Fees Act 2019?

Notices seeking possession

1.8 Protections for tenants under the Coronavirus Act 2020 – What has changed?

1.9 I’m a landlord and I have served a Section 21 Notice on my tenants – How long is the notice valid for?

1.10 I have previously served my tenant with a notice and have now done so again. Which notice is valid?

1.11 My tenant wants to leave the property early. What should I do?

1.12 My tenants have left the property without providing proper notice. What should I do?

1.13 I have a licence to occupy, am I protected by the Coronavirus Act?

1.14 I have lost my job which came with accommodation, and they have told me I have to move out. What rights do I have?

1.15 I’m a property guardian. How do I know if I’ve got a licence or a tenancy?

1.16 Do I have to move out if my landlord does not have a court order?

Resolving disputes and seeking possession through court action

1.17 Now that the suspension of possession cases has ended, how will landlords be able to get possession of their property?

1.18 What new arrangements will be in place?

1.19 Will the courts consider the impact of the coronavirus outbreak on tenants and landlords?

1.20 Will bailiffs enforce evictions?

1.21 Are tenants still protected by the Coronavirus Act 2020 now that the suspension of possession cases in court has been lifted?

1.22 What is mediation?

1.23 How does the mediation pilot work?

1.24 What are the benefits of mediation?

1.25 How do I contact a mediation service?

2. Repairs, maintenance and health and safety

Tenants

2.1 What does this mean for repairs and works in my home?

2.2 I was previously advised to shield. Can I let someone into my home for routine repairs and maintenance work?

2.3 Should I allow my landlord in to carry out gas safety inspections?

2.4 My landlord wants access to my property to conduct viewings for sale or letting, do I have to let them in?

2.5 What if I have a move planned?

2.6 Can I move into new shared accommodation with other people?

2.7 Should students return to their accommodation during the national lockdown?

2.8 What if I want to vacate the property before the end of my tenancy agreement?

2.9 What should I do if I live with other people I am not related to and share facilities or common areas?

2.10 What steps can I take to minimise the spread of infection, particularly if I live with other people in shared accommodation?

Let fresh air in (ventilation)

Cleaning

Kitchen

Bathrooms

2.11 What should I do to prevent the spread of infection if I am clinically extremely vulnerable and I live in rented accommodation with other people?

2.12 What if my building/block has shared spaces and facilities such as social areas?

2.13 What about communal lounges and canteens in specialist sheltered/retirement and extra-care schemes?

Specific guidance on on-site canteens and restaurants

2.14 What should I do if I live in overcrowded accommodation?

2.15 How do I minimise the spread of infection if I am are clinically extremely vulnerable and live in overcrowded accommodation?

2.16 My neighbours/other tenants in the property are disrupting my life with their anti-social behaviour. What can I do?

Landlords

2.17 What does the current situation mean for repairs and inspections to my property?

2.18 What about works on empty and void properties to prepare them for being let?

2.19 What about works to the exterior of properties, and to external communal areas?

2.20 What about planned maintenance to the property?

2.21 What about my legal obligations to provide regular gas and electrical safety inspections? Will I be prosecuted if I can’t get access because I or my tenants are self-isolating?

Electrical and gas safety in privately rented properties

2.22 What about access to a property to conduct viewings or where a move is scheduled?

2.23 What about the risk of catching the virus (COVID-19)?

2.24 I rent out a House in Multiple Occupation (HMO) and one of the tenants has the virus. Am I obliged to remove them or find my tenants another place to stay?

2.25 I’m a landlord and/or managing agent of residential block with communal areas, what steps should I take to minimise the risk of infection in common areas or shared facilities?

2.26 I rent out a House in Multiple Occupation (HMO) which has an unoccupied room or has a tenant wishing to vacate their room soon. Can I admit or replace new tenants into my property where existing tenants will be continuing to reside?

2.27 My property is in an area subject to selective or additional licensing. What is going to happen to it?

2.28 I have a problem with anti-social behaviour in my property. Other than eviction, what steps can I take to address the problem?

2.29 I am a private landlord and my property is currently empty. How can I put my property to good use?

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