Government Announcement made in the Early Hours - 21st September 2020

This morning at 0.20 the Government announced new non-statutory for landlords and tenants in the private and social rented sectors. As the Courts re-open today this guidance may have been issued to clarify the position on certain key points relating to the landlord - tenant relationship:-

• Measures relating to notices seeking possession as amended by the Coronavirus Act 2020
• Health and safety obligations, repairs and inspections in the context of coronavirus (COVID-19)

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

The Key Elements for you to consider:

1. Rent, mortgage payments and possession proceedings

The purpose of this advisory guidance is to help landlords and tenants understand the implications of the Coronavirus Act 2020. The Act provides protection to social and private tenants by delaying when landlords can start proceedings to evict tenants. The provisions of the Coronavirus Act 2020, which increased the required notice period length, have now been extended through legislation.

Rent Arrears and the process to be followed is referred to in detail. For further information about possession proceedings during the coronavirus outbreak, please see Technical Guidance on eviction notices.

As the Courts start dealing with Possession Claim for the very first time today, there is a great deal of concern on how the six-month back-log will impact landlords and tenants, local authorities and homelessness.

Last week the Government confirmed that guidance will be issued to bailiffs instructing that they should not enforce possession orders in England and Wales between Friday 11 December 2020 and Monday 11 January 2021.

2. Repairs, maintenance and health and safety

The purpose of this advisory guidance is to support landlords and tenants in managing property maintenance issues as we move towards an easing of lockdown measures.

Tradespeople can visit most people’s homes to carry out any work or maintenance provided it is carried out in accordance with guidance for professionals working in people’s homes and any advice on local measures that may be in place to prevent the transmission of coronavirus. Further guidance on visits to properties to make repairs.

If tenants are not self-isolating, they 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; and
• planned maintenance activity inside and outside the home.