The rental market is now open so here are the new rules for landlords, letting agents and tenants

Tenants’ safety should be letting agents’ and landlords’ first priority. The government has put in place protections for tenants during the coronavirus outbreak, including legislation to delay when landlords are able to start proceedings to evict tenants. This means until September 30, 2020, most landlords will not be able to start possession proceedings unless they have given their tenants three-months’ notice.

This guidance for landlords and letting agents is to help them safely let empty properties, or properties which tenants are voluntarily vacating. While broader measures to protect tenants during the coronavirus outbreak remain in place, letting agents and landlords should endeavour to avoid ending tenancies where the tenant wants and is able to stay.

Letting agents and landlords should be aware of and follow government guidance on coronavirus and renting, which explains these protections in greater detail, and make sure tenants are aware of this guidance.

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 are shielding. In other cases, where viewings can proceed, they should be conducted in line with the guidance on viewings earlier in this document.

Any visits to a property must be made in accordance with government’s guidelines on working in other people’s homes and social distancing. If possible, necessary repairs, gas and electrical safety checks should be conducted in the period between a property being vacated and a new tenant moving in. If this is not possible and visits are needed to an occupied property, this should be done by appointment with measures put in place to ensure physical contact is minimised, for example with residents staying in another room during the visit.

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. See further Health and Safety Executive guidance on how to deal with specific circumstances.

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

Letting agents and landlords should take steps to ensure any properties are prepared ready for new tenants, this may include cleaning to minimise any potential spread of the virus in line with government advice.

Letting agents and landlords should consider how best to conduct tenancy check-ins for new tenancies agreed while broader measures remain in place, taking care to follow government advice on social distancing to minimise possible spread of coronavirus.

Letting agents and landlords are reminded of the temporary COVID-19 measures that adjust right to rent checks, temporarily allowing these checks to be conducted remotely. Lettings agents and landlords should consider other areas where in person payments, referencing or checks can be conducted remotely instead and take further advice if required.

Social landlords

Allocation by local housing authorities is governed by Part 6 of the Housing Act 1996 and authorities must have regard to statutory guidance. Registered providers of social housing should refer to the relevant regulatory standards set out by the Regulator of Social Housing.

Landlords will need to consider how to carry out their activities in line with the government’s advice on social distancing in the workplace). Practices should also be altered in line with this wider guidance, including: property inspections for vacating tenants; collecting returned keys; conducting viewings; conducting tenancy sign-ups; preparing homes to be re-let

Some applicants and tenants may be anxious about moving at this time. It will be important to ensure that they are not put under undue pressure to move, if they are not ready or able to do so. It will also be important to discuss with applicants and tenants their state of health, level of vulnerability and their arrangements for moving (including any assistance required) before proceeding with the move.

Landlords should avoid moving tenants who are showing symptoms of coronavirus or self-isolating. There may be exceptions to this (e.g. safety reasons) and in these scenarios landlords should speak to the local Public Health team about appropriate infection control measures before taking any action.

Landlords should also avoid moving residents who are shielding because they have been notified they are in the clinically extremely vulnerable group. If a home move is required, the landlord should speak to the local Public Health team for advice on appropriate measures to protect the resident.

Right to Buy

The Right to Buy is governed by Part 5 of the Housing Act 1985 which sets out the right of eligible social tenants to purchase the home they currently rent and occupy; and the timescales for doing this.

Tenants have the right to purchase their home within the provisions of the legislation. The government recognises that the measures put in place to combat coronavirus are likely to make it difficult for councils to process Right to Buy applications within the statutory timescales.

Landlords will want to consider how best they can manage the application process to ensure tenants are able to take up their Right to Buy within a reasonable timescale, while acting in accordance with government guidelines on social distancing; this could include options around: valuations of properties; fraud prevention measures; the issuing of documentation; using the discretion provided to them within the legislation

For government advice on vewings, moving, selling and buying visit https://www.yorkshirepost.co.uk/lifestyle/homes-and-gardens/housing-market-open-so-these-are-new-rules-buying-selling-viewing-and-moving-2851652