The social distancing measures across the UK pose challenges to landlords in continuing to meet their contractual and statutory obligations in relation to repairs and safety inspections. We take a look at the legal position and what this means for registered providers (RPs).

What is the legal position?

Whilst the combined effect of the Coronavirus Act 2020 and Practice Directions have effected substantive changes in some areas of housing law and legal proceedings for possession, there are no such changes affecting repairs or gas and electrical safety obligations (see our earlier insight in relation to gas safety here.)  

Nor has there been a delay in the coming into force on 20 March 2020 of the Homes (Fitness for Human Habitation) Act 2018 for all tenancies (see insight here.)  

We do, however, anticipate that when assessing whether repairs have been undertaken within a reasonable period of time in any claim for disrepair, that the impact of genuine delays caused by COVID-19 or a lack of access due to a household self-isolating will be taken into account. As such, it is important that landlords keep detailed records of both theirs and their contractors’ efforts to gain access for repairs and safety inspections.

What is the government’s position?

The Ministry of Housing, Communities and Local Government (MHCLG) has published non-statutory guidance to landlords and tenants which provides advice on repairing obligations during the lockdown, ‘Coronavirus (COVID-19): Guidance to Landlords and Tenants, March 2020’. 

This has been followed by a statement in which Robert Jenrick, the Secretary of State for the MHCLG advised:

“Work carried out in people’s homes, for example by tradespeople carrying out repairs and maintenance, can continue, provided that the tradesperson is well and has no symptoms”.

“Again, it will be important to ensure that Public Health England guidelines … are followed to ensure everyone’s safety”.

“No work should be carried out in any household which is isolating or where an individual is being shielded, unless it is to remedy a direct risk to the safety of the household, such as emergency plumbing or repairs, and where the tradesperson is willing to do so. In such cases, Public Health England can provide advice to tradespeople and households”.

What does the guidance say?

The guidance reiterates that landlords’ obligations have not changed and that tenants have a right to a “decent, warm and safe place to live” which is “kept in good repair and free from hazards”.

Landlords are encouraged to continue to “make every effort to review and address issues brought to their attention by tenants” and advised to consider using “technological solutions such as smartphones [to] reduce the need for in-person inspections of property issues”.

However, it is also recognised that these unprecedented times require landlords to take a “pragmatic, common sense approach to non-urgent issues which are affected by COVID-19 related restrictions”.

The guidance identifies a non-exhaustive list of urgent health and safety related issues which should be prioritised over those which can be considered non-urgent. These include:

• Problems with the fabric of the building such as a leaking roof
• Boiler breakdown which leaves tenants with no hot water or heating
• Plumbing issues leaving tenants without washing or toilet facilities
• Security related issues such as broken windows or external doors
• Equipment required by disabled person

The guidance advises that inspectors and contractors should still visit blocks of flats and multi-occupied properties for essential or urgent work such as inspecting and testing fire alarm and emergency lighting systems.

In conclusion

The wider public safety considerations mean that contractors who enter resident’s homes should ensure they do so in a way which protects both them and those in occupation by respecting the social distancing rules. We would advise that prior to any visit, contractors ask residents to confirm whether any occupant is displaying symptoms or self-isolating, or is in one of the higher-risk categories. In so doing, contractors should look to ensure measures are agreed which protect both them and those in occupation (such as occupants remaining in a different room with the door closed): see our earlier insight on health and safety considerations.

How can Capsticks help?

Our housing management team of specialist lawyers are working to ensure that we are right beside our clients every step of the way. Our experts operate nationally on all areas of housing management and we are on hand to advise on issues such as gas and fire safety, anti-social behaviour, access and disrepair claims.

If you have any queries around what is discussed in this insight, or the steps that you can take in any given case, please do not hesitate to speak to Simon Strelitz or any of your contacts at Capsticks to find out more about how we can help.