Mar

Only “serious and urgent repairs” should be attempted, says new government guidance

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Repairs and Maintenance:

Residential
landlords (private and social landlords) are being advised by
Government that they should only access tenants’ properties to
inspect or repair “serious and urgent issues”. They are advised
to take a “pragmatic, common-sense” approach to non-urgent
repairs.

The advice is included in a guide issued over the week-end – Coronavirus (COVID-19) Guidance for Landlords and Tenants – which sets out landlords’ new responsibilities and landlord and tenants’ rights effective during the coronavirus outbreak.

The guide states
that a landlords’ legal obligations “have not changed” as a
result of the outbreak; tenants still have “a right to a decent,
warm and safe place to live”, but that does not mean that landlords
or their tradespeople should put themselves or tenants at risk.

The guidance calls
for a “pragmatic, common-sense approach” to all non-urgent issues
and acknowledges that the outbreak may prevent routine inspections
and some repairs.

The guide covers
other issues including new rules on seeking possession, guidance on
dealing with rent arrears and general property access and health and
safety issues, including access for gas safety checks. It should be
noted that increased notice periods were introduced by law last week,
as well as the 90-day moratorium on possession hearings introduced
for courts in England and Wales.

The guide also
contains advice for local authorities and enforcement; they should
take a “pragmatic approach to enforcement” of standards
during the outbreak, taking into account if landlords have taken all
reasonable steps to carry out safety checks, including gas – they
were not be in breach of the law.

It is proposed that
access with the usual precautions is only sought for “serious and
urgent issues”.

Examples may
include:

problems with
the fabric of your building, for example the roof is leaking
a broken
boiler, leaving tenants without heating or hot water
water supplies
leaving tenants without washing or toilet facilities
gas safety
issues
failed
appliances such as fridge, freeze or washing machine
critical
security failures such as a broken windows or external doors
failure of
equipment for a disabled person

According to a
report by Inside Housing it is not as yet clear whether the
guidance leaves room for access to the property or delays to carry
out routine inspections required by law – such as gas safety
checks.

“Tenants should
let their landlords know early if there is a problem and landlords
should take the appropriate action. We understand current
restrictions may prevent routine and obligatory inspections,” it
says.

“While resources
are stretched, 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. Landlords should
also know they should not be unfairly penalised where COVID-19
restrictions prevent them from meeting some routine obligations.”

The guidance
“strongly advises” tenants to “take additional measures such as
remaining in separate rooms during any visits”.

Previous guidance
issued last week said that no work should be carried out by a
tradesperson with coronavirus symptoms and only work to remedy a
direct safety issue should be carried out where people are isolating
or being shielded from the virus due to a vulnerability.

Separate guidance
was issued to local authorities regarding enforcing standards in the
rented sector during the outbreak.

With regard to gas
and electrical checks, the guidance says: “Both regulations are
clear on the issue of compliance. If a landlord can show they have
taken all reasonable steps to comply with their duty under the
regulations, they are not in breach of the duty.

“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. This could include the servicing record and previous
landlord gas safety check record.”

On rent arrears,
tenants are advised to continue paying rent and should “speak to
their landlord at the earliest opportunity” if they are unable to
do so.

The guidance urges
landlords to “offer support and understanding to tenants who may
start to see their income fluctuate,” for example, “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.”

Coronavirus (COVID-19) Guidance for Landlords and Tenants

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