Landlord repairs during COVID-19

The Government’s advice regarding social distancing and the ban on non-essential travel is having a knock-on effect on the ability of UK landlords to comply with their repair obligations to tenants in their properties.

The Government has confirmed that landlords continue to be responsible for their properties and have a duty of care to their tenants. However, they have encouraged all parties to “take a pragmatic, common-sense approach to non-urgent issues which are affected by COVID-19 related restrictions“. Landlords should postpone non-essential visits to homes for routine inspections or marketing purposes.

Problems in carrying out landlord repairs

We expect that finding people to undertake repairs may well be difficult and in some situations workers may refuse to attend. Access to the property may also an issue as tenants who are self-isolating may, in the interest of all parties, refuse entry. Landlords will be expected to demonstrate that they have made reasonable efforts to comply with their obligations.

We encourage landlords to document their efforts to comply with their obligations in detail. This might include:

• discussions with agents, surveyors or various tradesmen/tradeswomen (who may be unable to attend);
• discussions regarding delays to the repairs (perhaps due to parts or people not being available); or
• discussions with tenants with regard to their vulnerability (where attending would be detrimental to their health) or self-isolation.

Gas pipework, flues and appliances

Repairing and maintaining gas pipework, flues and appliances in a safe condition, to ensure an annual gas safety check on each appliance and flue, and to keep a record of each safety check is a landlord’s legal duty.

As above, if there is a COVID-19 related reason a landlord is unable to comply with their obligations, they must document their efforts so that there is a record.

The Gas Safe Register has advised landlords that:

“If you anticipate difficulties in gaining access as the COVID-19 situation progresses, you have the flexibility to carry out annual gas safety checks two months before the deadline date. Landlords can have the annual gas safety checks at their properties carried out any time from 10 to 12 calendar months after the previous check and still retain the original deadline date as if the check had been carried out exactly 12 months after the previous check.”

Early safety checks

The Gas Safe Register has encouraged landlords to undertake any gas safety checks as early as possible to ensure that a self-isolating tenant (which should only last 14 days) does not hinder the landlord’s ability to comply with the legislation. We would suggest that landlords should do the same with compliance of the Electrical Safety Standards in the Private Rented Sector Regulations 2020 (read our article here) which come into force on 20 July 2020.

Landlords have the same responsibilities throughout this period as before COVID-19. However, it is a given that some issues are going to take longer to fix during this period and landlords must show that they have acted reasonably when complying with the law and their leases.