The government has published guidance for landlords, tenants and local authorities in the private and social rented sectors in the context of Coronavirus (COVID-19) which was updated on 28 May 2021. The guidance includes updates on notice periods, which from 1 June 2021, must be at least four months in most cases, including where the tenant has less than four months’ rent arrears.
Landlords remain legally obligated to ensure properties meet the required standard – urgent, essential health and safety repairs should be made. An agreement for non-urgent repairs to be done later should be made between tenants and landlords.
Where reasonable and safe for you, and in line with other government guidance, you should make every effort to review and address issues brought to your attention by your tenants, and keep records of your efforts. Use technology such as smartphones to avoid the need for in-person visits. Further guidance on visiting properties to make repairs.
Landlords should make every effort to abide by existing gas safety regulations and the new electrical safety regulations which will come into force on 1 July. There are provisions in both regulations to account for situations in which a landlord cannot do this, and landlords must demonstrate they have taken all reasonable steps to comply with the law. If you are not able to gain access to the property due to restrictions in place to tackle COVID-19, or are not able to engage a contractor to carry out the necessary work, we recommend you document your attempts to do so and all correspondence with your tenants. For further advice please visit the GasSafe website.
We will take a pragmatic, risk-based approach to enforcement during this time.
Tenants are still liable for their rent and should pay this as usual. If they face financial hardship and struggle to pay this, support for tenants is available.
In the first instance tenants should speak to their landlord if they think they will have difficulty meeting a rental payment, and in this unique context we would encourage tenants and landlords to work together to put in place a rent payment scheme.
Going forward the government is seeking to strengthen the pre-action protocol requirement and also extend this to the private rented sector. This will help landlords and tenants to agree reasonable repayment plans where rent arrears may have arisen.
The Government has agreed with lenders that buy to let landlords will be able to claim up to three months of ‘mortgage holiday’ in situations where their rental income has been impacted by the coronavirus. If your tenant contacts you saying they cannot pay their rent due to coronavirus, you should contact your lender to discuss your options as soon as you possible. Mortgage holidays are only available to people who are up to date with their payments. However, from 19 March 2020 mortgage lenders agreed to suspend all possession orders and not start any new court actions for 90 days. Please see further information on accessing financial support for landlords.
If you are currently in the process of buying or selling property, please refer to the government advice on home moving during the coronavirus (COVID-19) outbreak.
The Residential Landlords Association has put together coronavirus guidance for landlords which is regularly updated.