CORONAVIRUS (COVID-19) - HOUSING GUIDANCE FOR PRIVATE RENTED LANDLORDS AND TENANTS April 2020
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CORONAVIRUS (COVID-19)
HOUSING GUIDANCE
FOR PRIVATE RENTED
LANDLORDS AND
TENANTS
April 2020Guidance for Landlords and Tenants
in the Private Rented Sector on:
Measures relating to possession proceedings
(notices seeking possession) as amended by legislation.
Court action on possession cases during
the Coronavirus (COVID-19) outbreak.
Property access and health and safety obligations in
the context of Coronavirus (COVID-19) restrictions.
This guidance is advisory.
This guidance has been updated to reflect the evolving situation.
First published 16 April 2020
Second publication 06 May 2020
Coronavirus (Covid-19) Housing Guidance 34 Coronavirus (Covid-19) Housing Guidance
Contents
Introduction from the Minister for Communities........................................................................................... 8
General Guidance for Private Rented Sector Landlords and Tenants
Section 1 Rent mortgage payments and possession proceedings................................................9
1.1. I am a tenant, should I stop paying rent during the outbreak?....................................... 11
1.2. What can I do if I cannot pay my rent, and fall into rent arrears/
If my tenant cannot pay rent and falls into rent arrears?......................................................11
1.3. Further help with housing costs ............................................................................................ 14
1.4. Temporary legislation for the protection of tenants ........................................................ 15
1.5. What can I do about mortgage repayments? ..................................................................... 16
1.6. As a landlord, should I stop charging rent during the outbreak? ................................. 16
1.7. I have a licence to occupy, am I protected by legislation?............................................... 16
Section 2 What rights do I have?........................................................................................................... 17
2.1. Do I have to move if my landlord does not have a court order? ................................... 17
Court action on housing possession cases during the coronavirus outbreak
2.2. What does this mean for landlords and tenants in the private rented sector? ......... 17
2.3. How does the temporary new private rented sector legislation interact with the
courts suspending housing possession claims?................................................................. 18
Coronavirus (Covid-19) Housing Guidance 5Section 3 Property access and health and safety obligations...................................................... 19
Private Rented Tenants:
3.1. I’m a student and am no longer living in my rented accommodation -
do I still have to pay rent? .............................................................................................................. 20
3.2. What does the COVID-19 outbreak mean for repairs in my home?............................... 20
3.3. What if my boiler breaks, or something else happens which is an
urgent risk to my health? ..................................................................................................................21
3.4. What about the risk of catching the virus, or if I am symptomatic?............................... 22
3.5. My landlord wants access to my property to conduct viewings for sale
or letting, do I have to let them in?.............................................................................................. 22
3.6. What if I have a move planned? ................................................................................................... 23
3.7. What should I do if I think I may have the virus? ............................................................. 23
3.8. Someone in my House in Multiple Occupation (HMO) has the virus,
is my landlord obliged to remove them or find me another place to stay?................ 24
3.9. What should I do if I can no longer live at my previous accommodation
and I have become homeless?...................................................................................................... 24
Private Rented Landlords:
3.10. What does the current situation mean for repairs to my property?............................. 25
3.11. What about my legal obligations to provide regular gas safety inspections?
Will I be prosecuted if I can’t get access because I or my tenants
are self-isolating? ............................................................................................................................... 26
3.12. What about the risk of catching the virus?................................................................................27
3.13. What about access to a property to conduct viewings or where
a move is scheduled........................................................................................................................... 28
3.14. Someone in my House in Multiple Occupation has the virus, am I
obliged to remove them or find my tenants another place to stay?.............................. 28
6 Coronavirus (Covid-19) Housing GuidanceSection 4 Effect of the Private tenancies (Coronavirus Modifications) (Northern Ireland)
Act 2020
4.1 Can my landlord evict me and, if so, in what circumstances?........................................ 29
4.2 Do I have to move out if my landlord does not have a court order? ........................... 29
4.3 What are my rights as a tenant in normal circumstances? ........................................... 30
4.4 Where can I get advice about my rights as a tenant? ..................................................... 30
4.5 Can I evict a tenant and, if so, under what circumstances? ........................................... 31
4.6 I have obtained a court order can I continue with eviction proceedings? .................. 31
4.7 What if my tenant is in arrears? ........................................................................................... 32
Annex Useful contact information and links to websites containing further advice ............ 33
Coronavirus (Covid-19) Housing Guidance 7Introduction from the Minister for
Communities, Deirdre Hargey MLA
During this unprecedented public health emergency
the public health advice is clear. Stay home, Stay safe,
Protect the NHS. We all must stay in our homes as
much as possible. Many vulnerable people have been
advised not to leave their homes at all. Tenants in the
private rented sector must know their homes are safe
and secure so they can protect their health and the
health of their families.
The purpose of this guidance document is to to work on urgent legislation to provide
provide you with information on your rights additional protections for private rented
and obligations within the private rented tenants from eviction during the Covid-19
housing sector. It sets out advice on what outbreak. The Lord Chief Justice's Office has
you should do if you are struggling to pay also announced that courts will only be listing
rent, what advice and financial assistance urgent matters, which is expected to include
is available at this time, and what to do if a deferral of most possession proceedings.
emergency repairs are needed in your
rented property. At this unprecedented This is an evolving situation with new advice
time of crisis I want to underline my and information developed regularly. This
Department’s guiding principles: guidance document will be kept up to date
with any additional measures put in place to
Landlords should not engage in possession help and support the rented housing sectors
proceedings at this time. Where possible during this difficult time.
tenants should pay their rent; landlords
should work with tenants where difficulties I again offer my sincere thanks to all
arise. Tenants should continue work those across the housing sector, those in
alongside their landlord to receive all the government, the statutory, community and
support they need to ensure their home voluntary sectors for all the vital support
remains safe and secure. they are providing to our citizens at this time.
I join with those right across government and
I urge everyone to continue to follow these our Health Service to urge everyone to stay
principles while observing the Public Health safe and stay at home.
Agency guidelines, particularly around social
distancing measures, at this time. This is a
time of uncertainty for everyone, however
no-one should have the additional worry Deirdre Hargey MLA
of the safety or security of their home at
Minister for Communities
this time. That is why my officials continue
8 Coronavirus (Covid-19) Housing GuidanceGeneral Guidance for Landlords
and Tenants in the private
Rented Sector in relation to:
Section 1. Rent, Mortgage outbreak of COVID-19. The guidance also
Payments and Notices reflects sources of advice on accessing
Seeking Possession help with housing costs. The new private
rented sector legislation will mean that, until
The first two sections of this guidance this emergency passes, most private rented
provide information and advice which is landlords will not be able to start possession
applicable whether you live in or are a proceedings unless they have given their
landlord in the private rented sector. Section tenants twelve weeks’ notice. Landlords
3 provides specific advice to private rented are free to choose to give more than the
tenants and their landlords respectively. mandatory twelve weeks’ notice.
The purpose of this guidance document is The Department has an agreement in place
to help landlords and tenants understand with all social housing landlords (Housing
some of the measures put in place to protect Executive and Housing Associations) that
the public during the COVID-19 outbreak. any social housing tenant facing difficulties
This includes understanding the implications paying rent during COVID-19 will not be
of the Coronavirus Act 2020 which is, in evicted. The Department will continue to
part, relevant to Northern Ireland, and the work with Housing Associations and the
specific new temporary housing legislation, Housing Executive to help them keep tenants
the Private Tenancies (Coronavirus in their homes and to ensure that the welfare
Modifications) (Northern Ireland) Act 2020, system can provide help to their tenants as
in relation to the private rented sector which quickly as possible.
is being brought forward. This temporary
legislation seeks to amend the law here in For the social rented sector, while the
relation to revised arrangements aimed Housing Executive and Housing Associations
at preventing eviction. Further detailed have agreed not to commence possession
guidance is available at Section 4. proceedings for tenants who are struggling
to pay rent due to COVID-19, the eviction
The guidance seeks to outline the rights arrangements for social rented sector
and obligations both of tenants and otherwise remain as they were prior to the
landlords, which may have changed in the pandemic. Social rented tenants can find
current circumstances following the further guidance at the following links:
Coronavirus (Covid-19) Housing Guidance 9• Housing Executive: www.nihe.gov.uk/ Section 3. Property Access
My-Housing-Executive/Advice-for- and health and Safety
Housing-Executive-Tenants/Covid-19-
(Coronavirus) This guidance aims to support landlords and
tenants in adopting a pragmatic, common-
• Housing Associations: www.nidirect.gov. sense and sympathetic approach to issues
uk/contacts/housing-associations that may arise in the current circumstances,
providing protection for both tenants and
landlords at this difficult time.
Section 2. Court action on
housing possession cases Tenants have a right to a decent, warm and
during the coronavirus safe place to live - it is in the best interests
(Covid-19) Outbreak. of both tenants and landlords to ensure that
properties are kept in good repair and free
As well as the provisions which will come from hazards, particularly during this time.
into effect under the new temporary If you have a query specific to housing, you
housing legislation, the Lord Chief Justice can call Housing Rights helpline on
has announced the suspension of all but 028 90 245 640 (and select the correct
urgent court proceedings (meaning that in option depending on whether you are
effect most housing possession cases have seeking advice as a landlord or a tenant).
been adjourned) in the courts. The default
position now is that most other matters will The tenant helpline is open Monday to
be adjourned by a judge without a hearing. In Friday between 9.30am and 4.30pm and
most cases the initial adjournment period will the landlord helpline is open Monday to
be one of eight weeks from 24 March 2020 Friday from 9.30am - 2.30pm (opening
(the date on which the guidance came into hours extended to 4pm during the COVID-19
effect). The latest notices and directions from period). You can also get advice from
the Lord Chief Justice's Office in relation to Housing Rights advisers by email or chat.
the coronavirus pandemic are available at Go to www.housingadviceni.org/advice-
www.judiciaryni.uk/coronavirus-covid-19 email for help via email or chat.
All landlords should not commence new This section provides some general advice
notices seeking possession during this time for both tenants and landlords. Section 2 sets
unless it is absolutely unavoidable. Court out the amended arrangements made by the
applications for possession relating to anti- Courts in respect of possession proceedings.
social behaviour will continue to be dealt Section 3 provides specific advice for private
with. It is essential that we work together in renters and their landlords.
these unprecedented circumstances to keep
each other safe.
10 Coronavirus (Covid-19) Housing GuidanceSection 1
Rent, Mortgage Payments and Possession Proceedings
1.1. I am a tenant: should I stop imposed in addition to the rent payments
paying rent during the outbreak? which are made at a date after the agreed
date. Due to the COVID-19 outbreak
• All tenants should continue to pay rent many tenants and their landlords may
and abide by all other terms of their have lost employment or may have
tenancy agreement to the best of their had their employment suspended and
ability. A strong package of financial may be having difficulty making some
support is being made available to payments on time. Fees for late payment
tenants, and where they can pay the rent of rent may not be appropriate in the
as normal, they should do so. Tenants who current circumstances and landlords
are unable to do so should speak to their are encouraged to waive such charges
landlord at the earliest opportunity. at this time. It is the Department’s
view that tenants and landlords should
• In many cases the COVID-19 outbreak will work together where delayed or late
not affect tenants’ ability to pay rent. If payments occur, and work to minimise
your ability to pay will be affected, it’s additional costs to tenants at this
important to have an early conversation difficult time. Letting agents will wish to
with your landlord. Rent levels agreed in assure themselves that any such fees
your tenancy agreement remain legally are permissible under the Commission
due and you should discuss with your on Disposals of Land (Northern Ireland)
landlord if you are experiencing difficulty Order 1986.
meeting your rent. Landlords and tenants
should discuss issues as early as possible
and should deal sympathetically with one 1.2. What can I do if I cannot pay
another. The Housing Rights mediation my rent, and fall into rent arrears
service can assist in resolving any issues / if my tenant cannot pay rent
and can be accessed here: and falls into rent arrears?
www.housingrights.org.uk/news/
housing-rights-mediation-during- • Tenants should continue to pay rent and
coronavirus-crisis abide by all other terms of their tenancy
agreement to the best of their ability.
• We are aware that some tenancy Tenants who are unable to do so
agreements contain arrangements should speak to their landlord as soon
applicable to “late payments”, for example as possible.
where a fine or financial penalty is
Coronavirus (Covid-19) Housing Guidance 11• In order to respond to the COVID-19 • If you are experiencing financial hardship,
outbreak it’s important that landlords you may be able to access new funding;
offer support and understanding to £500m has been made available to fund
tenants who may start to see their households who are experiencing financial
income fluctuate. hardship and are determined to take
action to support people in need. More
• Having an early conversation between details on this a package of measures is
landlord and tenant can help both parties available at: www.gov.uk/coronavirus
to agree a plan if tenants are struggling
to pay their rent, although deferral of • Land and Property Service within the
rent may not always be possible. This may Department of Finance has published
include reaching a temporary agreement details on domestic rates deferral
not to initiate possession action for a arrangements which is available here:
period of time and instead consider www.finance-ni.gov.uk/topics/property-
temporarily accepting a lower level of rating/domestic-rating.
rent, or agree a plan to pay off arrears at
a later date. Where a landlord does choose • You can also find more information on
to serve notice seeking possession for Government support for employers
rent arrears or has done so already, the and employees here: www.gov.uk/
notice period and any further action will government/publications/guidance-
be affected by legislation lengthening the to-employers-and-businesses-about-
notice period (see Section 1.3) and/or the covid-19
suspension of possession claims
(see Section 2). • If you are worried about being evicted
and not having anywhere else to go,
• If a landlord and tenant agree a plan you can contact Housing Rights
to pay off arrears at a later date, it is (www.housingadviceni.org/coronavirus-
important they both stick to this plan, advice)or the Housing Executive
and that tenants talk to their landlord www.nihe.gov.uk/My-Housing-Executive/
immediately if they are unable to comply. Advice-for-Housing-Executive-Tenants/
Covid-19-(Coronavirus) for further advice
• If a tenant is worried about being unable and information.
to pay their rent, or if landlords become
aware of tenants who may be in difficulty, • If you fall into financial difficulties due to
advice is available from specialist a change in your employment or earnings,
providers such Housing Rights, Advice NI, for example, you may qualify for benefits
and The Money Advice Service. There are including Universal Credit. Find more
links to these organisations websites in information about Universal Credit at
the Annex at the end of this document. www.nidirect.gov.uk/articles/
coronavirus-covid-19-and-benefits
12 Coronavirus (Covid-19) Housing Guidance• Universal Credit Housing Costs may be and this will apply here as well. This
paid directly to private landlords. More provides self-employed people earning
information for private landlords on under £50k per annum, with a grant of
setting up a direct payment of a tenant's 80% of their average profit for 3 months
housing costs to a landlord is available up to a max of £2,500. An amendment has
online at www.nidirect.gov.uk/services/ been made to the legislation to provide for
set-direct-payment-tenants-housing- this scheme. It will however be subject to
costs-landlord. If your circumstances tax and national insurance contributions,
change and you no longer received and will not be disregarded for benefit
Universal Credit, you should inform your purposes. This is similar to the employee
landlord on any such change to your retention scheme but is specifically for the
claim in order that they are aware of self-employed and freelancers. It is worth
any potential delay in payment. noting that at the maximum rate this
broadly equates to a per annum income/
• If you or your tenant receives Universal salary of £30,000. This support scheme,
Credit, the housing costs element may which will be implemented by HMRC, will
be paid directly to you. When a new UC cover the three months to May. It will
claim is made arrangements for direct be paid in a single lump sum instalment
payment are normally set up. If this has covering all 3 months, and will start to
not already been set up, the Department be paid at the beginning of June. In the
for Communities will contact the landlord interim the self-employed will be eligible
directly to ask for your bank account for Universal Credit and for Discretionary
details to set up this direct payment. You Support. The Treasury continues to
should not need to do anything until the refine these arrangements and further
Department contacts you. updates can be reviewed on their website
www.gov.uk/government/publications/
• A multi-billion COVID-19 (Coronavirus) Job support-for-those-affected-by-covid-
Retention Scheme has been announced 19#history.
to help workers, of any employer, to
keep their jobs. The scheme, which • On 17 March 2020, a three-month
covers employees here, means that the mortgage payment holiday was announced
government will pay up to 80% of the for those who are in difficulty due to
worker’s monthly wages, up to a limit of COVID-19, and extended it to buy-to-
£2,500. This will be backdated to 1 March let landlords on 18 March. On 19 March,
and will be initially open for 3 months; it a three-month moratorium began on
will be extended if necessary. residential and buy-to-let possession
• The Treasury announced a similar action, meaning that no homes will be
scheme which will assist self-employed repossessed during this period.
and freelancers (including gig economy
workers and those on zero-hours contracts)
Coronavirus (Covid-19) Housing Guidance 13• These measures will help prevent both the public health guidance and should
homeowners and landlords from facing not make an order that risks impacting
unaffordable bills or repossession if they on public health: www.judiciaryni.uk/
can’t work, or if their tenants can’t pay coronavirus-covid-19
rent, during this period. Home owners
experiencing financial difficulties meeting
mortgage repayments because of 1.3. Further help with
COVID-19, may be entitled to a mortgage housing costs
holiday for 3 months. Anyone experiencing
financial difficulty with their mortgage • Additional measures have been put in
should contact their lender as soon as place to help tenants and home owners to
possible to discuss their circumstances access relevant help with housing costs
and what support might be available. through social security benefits during the
Information about the financial support COVID-19 outbreak. Further information
available for people affected by COVID-19 on relevant benefits and who to contact
can be found on the Money Advice Service can be accessed on the NI Direct
on the website: Website: www.nidirect.gov.uk/articles/
www.moneyadviceservice.org.uk. coronavirus-covid-19-and-benefits.
• Regardless of this legislation, where • The Housing Executive’s website also
tenants have difficulty paying rent over provides useful information on Housing
this period, we ask that landlords do Benefit and Universal Credit housing costs
not issue a notice seeking possession, element, with guidance for new applicants.
particularly given that the tenant or This information can be accessed here:
someone in their household may be sick www.nihe.gov.uk/My-Housing-Executive/
or facing other hardship due to COVID-19. Advice-for-Housing-Executive-Tenants/
Covid-19-(Coronavirus). Households
• Private landlords may be able to avail of receiving Housing Benefit and Universal
assistance available to small businesses in Credit may be able to receive additional
response to the COVID-19 outbreak. The discretionary housing payments
Department for the Economy is taking the www.nihe.gov.uk/Housing-Help/Housing-
lead on managing these interventions and Benefit/More-help-with-paying-your-
further information can be accessed on housing-costs
their website: www.economy-ni.gov.uk/
• The basic rate of Universal Credit will
• During the current period, the Lord Chief be increased by over £80 a month from
Justice has said that applications to April 2020. This will be of benefit to all
suspend orders for possession should be claimants, including those who are
prioritised, and that judges dealing with owner-occupiers.
any possession claim must have in mind
14 Coronavirus (Covid-19) Housing Guidance• An increase in Local Housing Allowance in Northern Ireland can apply for support
rates from 1 April 2020 will provide from the Universal Credit Contingency
additional financial support for private Fund. The purpose of this fund is to make
tenants in receipt of Housing Benefit emergency payments where hardship
or the housing costs element of occurs as a result of difficulties which
Universal Credit. are not due to any fault on the part of
the claimant. All payments from the
• The Discretionary Support Scheme is Contingency Fund are in the form of non-
available to address customer needs in repayable grants and are calculated on
extreme, exceptional or crisis situations the basis of the standard allowance for
where there is significant risk to the any adults in the household and the child
health, safety or well-being of the person element if appropriate. It will not include
or a member of the person’s immediate an amount towards housing costs.
family. This includes the award of grants
to assist with short-term living expenses. • Further information on Discretionary
Discretionary Support is available to Support and the Contingency Fund are
people in employment provided their available here: www.nidirect.gov.uk/
income does not exceed the annual, which articles/extra-financial-support
increased to £18,137 from 1 April 2020.
• In response to the COVID-19 pandemic 1.4. Temporary legislation for the
the Department has made changes to protection of tenants
the Discretionary Support scheme.
This includes the introduction of a • New legislation has been made to protect
specific short-term living expenses most tenants in the private rented
grant where an individual or any member sector by putting measures in place that
of their immediate family is diagnosed say where landlords do need to issue
with COVID-19 or is advised to self-isolate. notices seeking possession, the notice
Additionally, the rate at which living period must be for not less than twelve
expenses awards are calculated and the weeks. Landlords can choose to give a
period for which they can be paid have longer notice period. Section 4 provides
been enhanced to increase the financial further detail on the Private Tenancies
support that can be awarded. (Coronavirus Modifications) (Northern
Ireland) Act 2020.
• Those people claiming Universal Credit
may apply for advances of up to 100 • With regard to current proceedings, the
per cent of their expected Universal Lord Chief Justice has written to the
Credit award from day one of their claim, judiciary urging to prioritise applications
repayable on award of Universal Credit. to suspend orders for possession and not
In addition new Universal Credit claimants to make any order that risks impacting
Coronavirus (Covid-19) Housing Guidance 15on public health. Landlords are asked 1.6. As a landlord, should
not to commence or continue eviction I stop charging rent during
proceedings during this challenging time the outbreak?
without a very good reason to do so.
• There is no ‘one-size fits all’ approach, as
each tenant’s circumstance is different
1.5. What can I do about and some tenants will be more impacted
mortgage repayments? than others in terms of their ability to pay
than others. It is important for landlords
• Mortgage lenders have agreed to offer to be flexible and have a frank and open
payment holidays of up to three months conversation with their tenants at the
where this is needed due to Coronavirus- earliest opportunity, to allow both parties
related hardship, including for buy-to-let to agree a sensible way forward.
mortgages. The sum owed remains and
mortgages continue to accrue interest • Landlords are not required to stop
during this period. The Financial Conduct charging rent during the outbreak.
Authority has published guidance to While tenants who are able to pay rent
financial institutions, and guidance for as normal should continue to do so,
consumers in relation to mortgage advice some may be facing difficulties doing
and assistance during the COVID-19 so at this time.
outbreak, available here:
www.fca.org.uk/consumers/mortgages-
coronavirus-consumers.
1.7. I have a licence to occupy,
am I protected by legislation?
• If a rented property is mortgaged by the
landlord they should discuss this with
• Landlords of those on licences to occupy
their lender who may be able to exercise
are advised to follow the same guidance
forbearance. This may be particularly
and to work with renters who may be
helpful in circumstances where their
facing hardship as a result of the response
tenant is struggling to pay rent due to
to COVID-19. If you do not know whether
COVID-19. Where a private landlord obtains
a mortgage holiday under these new you have a licence or a tenancy you
arrangements they should apply the same should seek independent advice.
approach to tenants who are struggling
to meet rental commitments during the • Government has put in place an
current time. unprecedented support package to help
prevent people getting into financial
hardship or rent arrears, including support
for business to pay staff salaries, as well
as important changes to statutory sick
pay and the benefits system.
16 Coronavirus (Covid-19) Housing GuidanceSection 2
What Rights do I have?
2.1. Do I have to move if my • The suspension will apply from 24 March
landlord does not have a 2020 (the date of the Lord Chief Justice’s
court order? announcement), to all non-urgent court
matters. This is expected to include
• Landlords should not issue new notices residential possessions proceedings.
seeking possession at this time. The
adjournment of all but urgent matters • This action is in line with public health
coming before the Courts here, including advice, which has advised against non-
most housing possession claims, came into essential movement in response to
effect on 24 March 2020. This means that coronavirus. www.publichealth.hscni.net/
existing notices seeking possession cannot news/covid-19-coronavirus
progress. If you are a tenant you cannot
be forced to leave your home without a
court order. 2.2 What does this mean for
landlords and tenants in the
• A landlord cannot use violence or threat private rented sector?
of violence to evict someone.
• Landlords and renters should delay action
Note: if you require advice on individual around moving to a new home while
cases, or you are worried you may have been emergency measures are in place to fight
illegally evicted, you should contact a free, coronavirus, following social distancing
impartial advice service such as Housing advice available on the Public Health
Rights or Advice NI. Agency’s website.
Court action on housing possession • If you have already been issued with
cases during the coronavirus notice of your landlord’s intention to seek
possession of the property, or if you are
• In addition to the measures in legislation issued notice during this period, your
set out above, the Lord Chief Justice has landlord will not be able to take action
indicated that only urgent matters will be through the courts to make you move.
addressed by way of a court hearing until
further notice, meaning that possession • For landlords, this will mean not expecting
claims will be delayed from progressing. tenants to move even where you have
already issued notice of your intention to
Coronavirus (Covid-19) Housing Guidance 17regain possession of the property, or if urgent hearing must be accompanied by
you go on to issue notice for any reason the relevant form (www.judiciaryni.uk/
during the next three months. coronavirus-covid-19). All other matters
will be determined by a judge without
a hearing. This guidance reflects the
2.3. How does the new private restrictions announced on 23 March 2020.
rented sector legislation interact
with the courts suspending • This means that housing possession
housing possession claims? claims in the court system will be
postponed, this means landlords will
• As outlined above, the Lord Chief Justice not be able to progress any claims
of Northern Ireland has announced that where they have already issued a
with effect from Thursday 26 March 2020 notice seeking possession.
all court business is to be consolidated in
The Royal Courts of Justice, Laganside • This new measure applies to cases
Courts, Lisburn, Dungannon and Derry/ currently in progress and cases where
Londonderry Courthouses and only urgent a landlord or mortgage company
matters will be addressed by way of a has already commenced possession
court hearing until further notice. The proceedings on expiry of a notice
form of the hearing will be determined seeking possession.
by the relevant judge. Application for an
18 Coronavirus (Covid-19) Housing GuidanceSection 3
Property Access and Health and Safety Obligations
Everyone is asked to do all they can to made to have urgent work undertaken and,
help stop coronavirus spreading and has where this fails, this record can be brought
published advice on maintaining strict to the attention of relevant Council officials
separation from others wherever possible as required.
during this unprecedented time. You can
see the latest guidance on Coronavirus We understand current restrictions may
here: www.gov.uk/coronavirus. prevent routine and obligatory inspections.
While resources are stretched, a pragmatic
We are committed to helping to ensure that approach to enforcement from Councils
everyone renting their home has a safe and should be taken. This should mean that
decent place to live. tenants who are living with serious hazards
that a landlord has failed to remedy can
As part of the effort to respond to the still be assured of statutory support.
COVID-19 outbreak it is vital that landlords, Councils have indicated that new
tenants and Councils work together to keep arrangements are being put in place to
rented properties safe. We continue to ensure that enforcement provisions can
support the positive partnership between still be carried out while observing
landlords and tenants which underpins all social distancing guidelines.
well-functioning tenancies.
Landlords and tenants in the private rented
It has never been more important that sector can continue contacting their local
landlords and tenants take a pragmatic, Council regarding enforcement issues.
common-sense approach to resolving issues. Landlords should also know they should
Tenants should let their landlords know early not be unfairly penalised where COVID-19
if there is a problem and landlords should restrictions prevent them from meeting
take the appropriate action. Landlords and some routine obligations.
tenants should keep a record of attempts
Coronavirus (Covid-19) Housing Guidance 19Private Rented Tenants
3.1. I’m a student and am no 3.2. What does the COVID-19
longer living in my rented outbreak mean for repairs in
accommodation – do I still my home?
have to pay rent?
• Landlords’ repair obligations have not
• All tenants should continue to pay rent changed. Tenants have a right to a decent,
and abide by all other terms of their warm and safe place to live – and it is in
tenancy agreement to the best of their the best interests of both tenants and
ability. Where tenants can pay the rent landlords to ensure that properties are
as normal, they should do so. Tenants kept in good repair and free from hazards.
who are unable to do so should speak to
their landlord at the earliest opportunity. • Good management requires regular
Section 1 of this guidance provides further review and maintenance of a property, but
detail on having a conversation with your planned inspections may be more difficult
landlord if you are having difficulty paying at this time. However, that is no reason
rent. The Department for the Economy is to allow dangerous conditions to persist.
responsible for matters relating to student Where possible inspections of properties
finance. More information can be found should be postponed unless in relation to
on their website: www.economy-ni.gov. emergency repairs.
uk/articles/higher-education-student-
finance. The Department for Communities • We are encouraging tenants to inform
does not provide student funding, landlords early and engage constructively
including hardship funding. in the event that they encounter any
issues with the condition of the property.
• Further Education institutions may be Technological solutions such as
able to provide support though student smartphones can be used to reduce
support funds or student hardship funds. the need for in-person inspections of
Information for students of Queens property issues.
University Belfast is available here:
www.qub.ac.uk/Study/Feesandfinance/ • However, in these unprecedented times
LoansandFinancialSupport/ and Ulster tenants and landlords should take a
University advice is available here: pragmatic, common-sense approach to
www.ulster.ac.uk/alumniandsupporters/ non-urgent issues which are affected
support/student-fund/student-hardship- by COVID-19 related restrictions. At all
grants Students at Further Educations times the health and safety of the tenant,
Colleges may obtain more information landlord and any tradesperson must
here: www.nidirect.gov.uk/articles/ be prioritised.
support-funds.
20 Coronavirus (Covid-19) Housing Guidance3.3. What if my boiler breaks, or • Work carried out in people’s homes, for
something else happens which is example by tradespeople carrying out
an urgent risk to my health? repairs and maintenance, can continue,
provided that the tradesperson is well
• Landlords’ repair obligations have and has no symptoms. Again, it will be
not changed. important to ensure that Public Health
Agency guidelines, including maintaining
• Where reasonable, safe for you and in a two metre distance from any household
line with other Government guidance, we occupants, are followed to ensure
recommend that you only allow Council everyone’s safety.
officials, landlords or contractors access
to your property in order to inspect or • No work should be carried out in any
undertake emergency repairs. household which is isolating or where an
individual is being shielded, unless it is to
• Emergency repairs are those which remedy a direct risk to the safety of the
will affect your ability to live safely household, such as emergency plumbing
and maintain your mental and physical or repairs, and where the tradesperson is
health in your home. To be treated as an willing to do so. In such cases, the Public
emergency the fault must carry the risk Health Agency website can provide advice
of immediate injury to people or major to tradespeople and households.
damage to property.
Examples of emergency repairs are: • You should take sensible precautions to
keep yourself safe when tradesmen or
• Escape of gas or fumes
contractors are visiting the property.
• Electrical fittings in contact with water
See the guidance here:
• Live or bare electric wiring
www.gov.uk/government/publications/
• Sewage overflowing into the home
covid-19-guidance-on-social-
• Outside doors that need secured
distancing-and-for-vulnerable-people/
• Burst storage tanks, cylinders or pipes
guidance-on-social-distancing-for-
• Failure of all lights or all power
everyone-in-the-uk-and-protecting-
• Failure of heating systems in severe
older-people-and-vulnerable-adults
weather and where no alternative
and here www.nidirect.gov.uk/articles/
is available
coronavirus-covid-19-advice-vulnerable-
• Failure of all communal lighting
people.
• Household cannot heat water
• Blocked drains
• You should take additional measures such
• Shower or bath not working
as ensuring tradesmen or contractors
(if it is the only one in the property)
remain in separate rooms during any
visits. You should also follow Government
advice on hygiene and cleanliness before,
Coronavirus (Covid-19) Housing Guidance 21during and after visits. Wherever possible remaining in separate rooms during any
avoid all direct contact between residents visits and following Government advice on
and visitors to the property. hygiene and cleanliness before, during
and after visits.
• The Health and Safety Executive
Northern Ireland (HSENI) has produced • You do not need to have direct contact
general guidance for the period of the with anyone visiting your property to
COVID-19 outbreak which is available carry out repairs.
here: www.hseni.gov.uk/articles/covid-
19-frequently-asked-health-and-safety-
questions. The HSENI advice provides 3.5. My landlord wants access to
specific advice to landlords around my property to conduct viewings
meeting their statutory gas for sale or letting, do I have to let
safety obligations. them in?
• No work should be carried out by a • Government has advised against home
tradesperson who has coronavirus moves wherever possible. Therefore,
symptoms, however mild. home buyers and renters should delay
moving to a new home while emergency
• You must continue to meet your legal measures are in place to fight coronavirus.
and contractual obligations as a tenant, This means that no one should visit the
including paying rent where you are able property to conduct viewings, or anything
to. See Section 1 of this guidance if you else which is not urgent and health and
are experiencing difficulties paying safety-related.
your rent.
• If moving is unavoidable, for example
where structural issues impact the health
3.4. What about the risk of and safety of the occupant(s), and it is
catching the virus, or if I am not possible to delay a move, people
symptomatic? must follow advice on maintaining strict
separation to minimise the spread of
• You must follow sensible precautions to the virus.
keep yourself safe when contractors or
others are visiting your property, as • Access to a property should only be
outlined in public health guidance found considered when there are serious and
here: www.gov.uk/coronavirus urgent issues such as those set out
above (Section 3.3). No viewings should
• Where an emergency repair is critical to be carried out in any household which
your health and safety (see above), you is self-isolating or where an individual
should take additional measures such as is being shielded.
22 Coronavirus (Covid-19) Housing Guidance• Anyone with symptoms, self-isolating or 3.6. What if I have a
shielding from the virus, should follow move planned?
medical advice and not move home for
the time being. Any move should be • Government has advised against home
delayed accordingly. No viewings should moves. Advice is available here:
be carried out in any household which is www.gov.uk/guidance/government-
self-isolating or where an individual is advice-on-home-moving-during-the-
being shielded. coronavirus-covid-19-outbreak
Landlords should therefore refrain from
• Where there is absolutely no alternative completing house sales at this time in
to a move, all those involved should follow line with Government guidelines.
Government guidance here:
www.gov.uk/government/publications/ • Home buyers and renters should delay
covid-19-stay-at-home-guidance/stay- moving to a new home while emergency
at-home-guidance-for-households-with- measures are in place to fight coronavirus.
possible-coronavirus-covid-19-infection
• If moving is unavoidable, for example if
• You should also consider the guidance on your home becomes structurally unsafe
cleanliness and hygiene for non-medical and cannot be repaired safely, or for
locations here: www.gov.uk/government/ contractual reasons it is impossible to
publications/covid-19-decontamination- delay, people must follow advice on
in-non-healthcare-settings and the maintaining strict separation to minimise
Public Health Agency guidance for the spread of the virus.
Northern Ireland here: www.publichealth.
hscni.net/news/covid-19-coronavirus • Anyone with symptoms, self-isolating or
shielding from the virus, should follow
• Landlords and renters should therefore medical advice and not move home for
delay viewings for sale or letting while the time being.
emergency measures are in place to
fight Coronavirus. • Where moves do need to go ahead, all
those involved should take care to follow
• You and your landlord should follow the Government guidance here:
Government’s latest guidance necessary www.gov.uk/coronavirus and the Public
to help stop the spread of the virus Health Agency guidance for Northern
which you can find here: Ireland www.publichealth.hscni.net/
www.gov.uk/coronavirus news/covid-19-coronavirus
Coronavirus (Covid-19) Housing Guidance 233.7. What should I do if I think Public Health Agency, Department for
I may have the virus? Health and local homeless providers
to ensure the protection of the most
• You should follow government guidance vulnerable. It is working to ensure those
on self-isolation, which you can find here: who are homeless or are worried about
www.publichealth.hscni.net/sites/ becoming homeless can access the
default/files/2020-02/COVID-19%20 necessary advice and support and to
Self-isolation%20270220.pdf ensure temporary accommodation is
made available if required.
• You should tell anyone you share the
property with immediately, so that they • You can find Government guidance on
can take appropriate action and make cleaning your home to minimise the risk of
informed decisions regarding shared infection here: www.gov.uk/government/
areas and access to the property. If your publications/covid-19-decontamination-
landlord needs to arrange a visit to the in-non-healthcare-settings
property for urgent health and safety
reasons, you should also inform them • And on what to do if you are in a shared
and agree to take sensible precautions. home with someone who may have the
virus here: www.gov.uk/government/
publications/covid-19-stay-at-home-
3.8. Someone in my House in guidance/stay-at-home-guidance-for-
Multiple Occupation (HMO) has households-with-possible-coronavirus-
the virus, is my landlord obliged covid-19-infection
to remove them or find me
another place to stay? 3.9. What should I do if I can
no longer live at my previous
• Nobody can be removed from their accommodation and I have
home because of the virus.
become homeless?
• HMO Landlords are not obliged to provide
• Households should seek, where it is
alternative accommodation for tenants if
possible and safe to do so, to continue to
others in the property contract the virus.
reside in their current accommodation,
even in the short term. Where this is not
• If you are living in accommodation
possible and you are already homeless or
which you share with other people, or
you are worried about becoming homeless
share facilities with other people, you
please ring the dedicated Housing
should follow current Public Health
Executive Homelessness line on
Agency guidance.
034 4892 0908 as soon as possible.
During normal working hours you will
• The Housing Executive is working closely
be referred to a Housing Advisor.
with the Department for Communities,
24 Coronavirus (Covid-19) Housing Guidance• The Housing Executive also provide an • Where reasonable and safe for you, and in
emergency out-of-hours service after line with other Government guidance, you
5pm, at the weekend and on bank should make every effort to review and
holidays If you are having to leave address issues brought to your attention
accommodation, you should seek by your tenants, and keep records of your
alternative accommodation, or get efforts. You can find further guidance
on visiting properties to make repairs at
in touch with the Housing Executive
Section 2 here:
regarding temporary accommodation
www.gov.uk/government/publications/
where possible.
further-businesses-and-premises-to-
close/further-businesses-and-premises-
to-close-guidance and here:
Private Rented Landlords www.gov.uk/government/publications/
full-guidance-on-staying-at-home-and-
3.10. What does the current away-from-others/full-guidance-on-
situation mean for repairs to staying-at-home-and-away-from-others.
my property?
• However, in these unprecedented times
• Landlords’ repair obligations have not tenants and landlords should take a
changed. Tenants have a right to a decent, pragmatic, common-sense approach to
warm and safe place to live – and it is in non-urgent issues which are affected by
the best interests of both tenants and COVID-19 related restrictions.
landlords to ensure that properties are
kept in good repair and free from hazards. • Inspectors or maintenance workers can
still visit blocks of flats and multi-occupied
• Good management requires regular review properties for essential or urgent work
and maintenance of a property, but we such as inspecting and testing fire alarm
understand that planned inspections may and emergency lighting systems.
be more difficult at this time. However, that
is no reason to allow dangerous conditions • Emergency repairs are those which
to persist. Where possible inspections of will affect your ability to live safely
properties should be postponed unless in and maintain your mental and physical
relation to emergency repairs. health in your home. To be treated as
an emergency the fault must carry the
• Tenants should inform landlords early risk of immediate injury to people or
and engage constructively in the event major damage to property.
that they encounter any issues with the Examples of emergency repairs are:
condition of the property. Technological
solutions such as smartphones can be • Escape of gas or fumes
used to reduce the need for in-person • Electrical fittings in contact with water
inspections of property issues. • Live or bare electric wiring
• Sewage overflowing into the home
Coronavirus (Covid-19) Housing Guidance 25• Outside doors that need secured by post or in some circumstances it may
• Burst storage tanks, cylinders or pipes be possible to provide digital copies.
• Failure of all lights or all power
• Failure of heating systems in severe • All landlords, including private landlords
weather and where no alternative in Northern Ireland are generally required
is available to comply with gas safety checks as
• Failure of all communal lighting required under the Gas Safety (Installation
• Household cannot heat water and Use) Regulations (Northern Ireland)
• Blocked drains 2004. Regulation 36 sets out the duties
• Shower or bath not working in respect of landlords which require that
(if it is the only one in the property) every landlord must ensure that relevant
gas fittings and flues are maintained to a
• Tenants and landlords should work together safe condition.
during the ongoing COVID-19 outbreak to
maximise compliance with Public Health • The Health and Safety Executive for
Agency requirement around essential Northern Ireland (HSENI), within the
services and social distancing measures, Department for the Economy (DfE)
taking into account that rented properties is responsible for the legislation
need to remain in a habitable condition. governing gas safety measures.
DfE has advised that:
• Private landlords in Northern Ireland can
call to receive Landlord Advice on • The purpose of a gas safety check is to
028 9024 5640 and choosing option 5. make sure gas appliances are safe for
Lines are open Monday to Friday, from continued use. There are three main risks
9.30am to 2.30pm (extended to 4pm which can arise from having an unsafe
during the COVID-19 period). gas appliance, i.e. gas leaks, fires and
explosions, and carbon monoxide poisoning.
3.11. What about my legal • Gas Safety Checks are therefore still
obligations to provide regular to be carried out where practicable.
gas safety inspections?
Will I be prosecuted if I can’t get • The Health and Safety Executive for NI
access because I or my tenants (HSENI) do note that there are situations
are self-isolating? where it may not be practicable to carry
out a gas safety check where someone
• Landlords must provide tenants with is self-isolating for 14 days, or where
all necessary gas safety and any other there are over 70’s and vulnerable groups
relevant certification at the beginning of being advised to self-isolate for up to 12
a tenancy (and carry out all scheduled weeks. However, in these cases, the gas
inspections and tests where required). safety check must be carried out as soon
Where inspections have already been as reasonably practicable following this
carried out, documents can be provided period and HSENI will expect landlords
26 Coronavirus (Covid-19) Housing Guidanceto demonstrate they have taken all • If landlords are not able to gain access to
reasonable steps in such circumstances. the property due to restrictions in place to
tackle COVID-19, or are not able to engage
• HSENI is prepared to recognise, on a a contractor to carry out the necessary
temporary basis, annual gas safety checks work, we recommend you document your
that are carried out any time from 10 to attempts to do so and all correspondence
12 calendar months after the previous with your tenants. Landlords may also
check and still retain the original deadline want to provide other evidence they have
date as if the check had been carried that the installation, appliance or flue is
out exactly 12 months after the previous in a good condition while they attempt
check. Landlords are encouraged to to arrange works. You can read the latest
arrange annual gas safety checks as early guidance for landlords and Gas Safe
as possible, as a contingency against engineers and inspectors here:
tenants being in self-isolation for a www.gassaferegister.co.uk/help-and-
period of 14 days - the two-month period advice/covid-19-advice-and-guidance/
to carry out annual gas safety checks
should provide adequate resilience in
most situations. 3.12. What about the risk of
catching the virus?
• Accordingly, landlords should make
reasonable efforts, in line with the above • You must follow sensible precautions
advice, to abide by existing gas safety to keep yourself safe when you or
regulations, complying with the Public contractors or others are visiting the
Health Agency guidelines on social property, as outlined in Public Health
distancing. Where a landlord cannot Agency guidance here:
comply they must demonstrate they www.publichealth.hscni.net/covid-19-
have taken all reasonable steps to coronavirus
comply with the law.
• You should take additional measures
• The Health and Safety Executive Northern such as ensuring contractors and tenants
Ireland (HSENI) has produced general remain in separate rooms during any
guidance for the period of the COVID-19 visits and following Government advice on
outbreak which is available here: hygiene and cleanliness before, during and
www.hseni.gov.uk/articles/covid-19- after visits.
frequently-asked-health-and-safety-
questions. • Avoid all direct contact between residents
and visitors to the property. Landlords
The HSENI advice provides specific and tenants alike should ensure that no
advice to landlords around meeting their one should visit the property to conduct
statutory gas safety obligations. viewings, or anything else which is not
urgent and health and safety-related.
Coronavirus (Covid-19) Housing Guidance 273.13. What about access to a • You should also consider the guidance on
property to conduct viewings or cleanliness and hygiene for non-medical
where a move is scheduled? locations here: www.gov.uk/government/
publications/covid-19-decontamination-
• Government has advised against home in-non-healthcare-settings and the
moves wherever possible. Therefore, Public Health Agency guidance for
home buyers and renters should delay Northern Ireland here: www.publichealth.
moving to a new home while emergency hscni.net/news/covid-19-coronavirus
measures are in place to fight coronavirus.
This means that no one should visit the
property to conduct viewings, or anything 3.14. Someone in my House in
else which is not urgent and health and Multiple Occupation has the
safety-related. virus, am I obliged to remove
them or find my tenants another
• If moving is unavoidable, for example place to stay?
where structural issues impact the health
and safety of the occupant(s), and it is • Nobody can be removed from their home
not possible to delay a move, people because of the virus.
must follow advice on maintaining strict
separation to minimise the spread of • Landlords are not obliged to provide
the virus. alternative accommodation for tenants if
others in the property contract the virus.
• Anyone with symptoms, self-isolating or
shielding from the virus, should follow • The Government has issued specific
medical advice and not move home for guidance on what to do if someone
the time being. Any move should be in your household has contracted the
delayed accordingly. virus, including self-isolating the whole
household for 14 days. You can find that
• Where there is absolutely no alternative guidance here:
to a move, all those involved should follow www.gov.uk/government/publications/
Government guidance here: covid-19-stay-at-home-guidance/stay-
www.gov.uk/government/publications/ at-home-guidance-for-households-with-
covid-19-stay-at-home-guidance/stay- possible-coronavirus-covid-19-infection
at-home-guidance-for-households-with-
possible-coronavirus-covid-19-infection • You may wish to direct your tenants to
and here www.nidirect.gov.uk/articles/ Government guidance on cleanliness and
coronavirus-covid-19-advice-vulnerable-
hygiene for non-medical locations here:
people.
www.gov.uk/government/publications/
covid-19-decontamination-in-non-
healthcare-settings
28 Coronavirus (Covid-19) Housing GuidanceYou can also read
