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COVID-19 LOCKDOWN EASEMENT - the safety of tenants should be an agents first priority.

COVID-19 LOCKDOWN EASEMENT - the safety of tenants should be an agents first priority.

This is the message from the Ministry of Housing, Communities and Local Government as Agents go back to work. So, what should you know as a self-managing Landlord, or to make sure you are being protected by your agent?

In a new document issued by the Ministry of Housing, agents and landlords are being told to do the following.

"Endeavour to avoid ending tenancies where the tenant wants to, and is able, to stay.”

My interpretation of this is, when the ‘non-eviction’ rules finish at the end of June, the Courts will still look unfavourably on any eviction process that is due in full, or part, to the impact of the Corona Virus.

“Private landlords and letting agents should not conduct viewings in properties where tenants are symptomatic or self-isolating, or where it has been determined that they are clinically extremely vulnerable and shielding.”

So, viewings can proceed only in line with social distancing rules and if the tenants are clear of COVID-19.

“Visits to a property must be made in accordance with government guidelines on working from other peoples’ homes and social distancing.”

If possible, any necessary repairs should be conducted in the period between a property being vacated and a new tenant moving in. If this is not possible, and visits to an occupied property are necessary, it should be done by appointment, with measures in place to ensure physical contact is minimised.  That could mean residents staying in another room during the visit.

Letting agents may also want to consider obtaining landlord and tenant consent for inventory clerk appointments to occur during vacant periods (before a tenant moves in, or after a tenant moves out).

In addition to the normal preparation for a new tenant to move into a property, it may also be necessary to complete a deep clean to minimise any potential spread of the virus in line with government advice.

It may also be wise for letting agents and landlords to conduct new tenancy check-ins using strict social distancing measures while broader measures remain in place.

“Landlords should make every effort to abide by gas and electrical safety requirements, which continue to be of great importance for tenants’ safety.”

This may be more difficult due to restrictions associated with the coronavirus outbreak. For example, where a tenant has coronavirus symptoms, is self-isolating or shielding. Under such circumstances, provided the landlord can demonstrate they have taken reasonable steps to comply, they would not be in breach.

The Property Ombudsman has seen a 20% increase in complaints against agents and of 2518 complaints relating to Lettings Agents it is pretty much 50/50 form Tenants and Landlords.

More on the above can be found by clicking here.

I will be posting regular legal updates on my Facebook, Instagram and Twitter feeds so follow me to keep informed.

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