COVID-19 and the Coronavirus Act 2020 – What does it mean for Landlords?

COVID-19 has had a significant impact upon a Landlord’s ability to regain possession of their properties as well as introducing a number of practical issues for consideration as outlined below.

Possession proceedings

One of the key areas of focus within the Coronavirus Act 2020 (“the Act”) is the implementation of further protection for Tenants against eviction.

The implementation of the Act means that Landlords will be prevented from commencing possession proceedings until a minimum notice period of 3 months has been given to the Tenants.

Even Landlords who served Notice or issued proceedings prior to the implementation of the Act will be hindered by further restrictions imposed by the Civil Procedure Rules 2020, which state that all possession proceedings are to be stayed for an initial period of 90 days from 27 March 2020. These restrictions also apply to those who have already obtained a Possession Order against their Tenant and seek to enforce it by way of a warrant of possession (bailiff assistance).

Rent

Tenants remain obliged to pay their rent as it falls due in accordance with their Tenancy Agreement and there is no legal requirement for Landlords to reduce rent or allow rent-holidays.

Government guidance has however urged Landlords to try and work with their Tenants and be as flexible as is reasonable in the circumstances, such as agreeing a temporary payment plan should the Tenant honestly fall into financial difficulty as a result the pandemic.

From a practical point of view, it may of course be beneficial to accommodate Tenants who have otherwise complied with the terms of their Tenancy, rather than risk the property being empty for a short while after the restrictions have been lifted or being let to less suitable Tenants in the future.

Property Repairs

Much as the Tenant’s obligations under the Tenancy Agreement remain in force, so do the Landlord’s. This means that Landlords remain responsible for necessary repairs to their property, such as boiler repairs or plumbing issues.

Government guidance has however urged both Landlords and Tenants to take a ‘common-sense’ approach to this for non-essential repairs and that Landlords, agents and workmen follow the social-distancing measures wherever practicable.

If you are a Landlord and do reasonably face difficulties in arranging access to your property due to COVID-19, we would urge you to document your attempts to access and remedy any issues reported by your Tenants as well as the reasons for said attempts being unsuccessful.

For further advice and assistance, contact the Dispute Resolution team on 01604 828282 / 01908 660966 or email litigation@franklins-sols.co.uk.