Rachel Waller of Bishop & Sewell outlines the issues facing landlords looking to carry out routine repairs and inspections.
In England and Wales, Landlords are legally obliged to ensure that everyone renting their home has a safe and decent place to live, and must adhere to health and safety regulations to ensure that this happens.
For example, Landlords are obliged to repair and maintain gas pipework, flues and appliances in safe condition, to ensure an annual gas safety check is carried out on each appliance and flue, and to keep a record of each safety check, with similar requirements for fire and electrics.
Health & Safety During Covid
Prior to the outbreak of COVID-19, this was relatively easy to do.
Tenancy agreements would usually set out how Tenants should make their Landlord aware of any health or safety risks, and the procedure by which they would be put right.
However, given the requirement for social distancing, particularly at the start of the outbreak, there were practical restrictions to how this could be done, with clinically extremely vulnerable groups, clinically vulnerable or shielding households being most restricted.
1 August 2020 saw a relaxation of the government’s COVID-19 guidance for those types of households, and it is now advised they should permit landlords and contractors to carry out routine repairs and inspections, providing that the latest guidance on social distancing is followed.
Fulfilling Your Duties Despite the Pandemic
Current government guidance makes it clear that, despite the potential for the current restrictions to obstruct some routine and statutory inspections, landlords are still expected to make every effort to meet them.
The recommendation is that local authorities should take a “pragmatic approach” to enforcement, in order that tenants whose landlord has failed to remedy a serious hazard can still be assured of local authority support.
Of course, given the many other pressures currently faced by local authorities, including financial restrictions, it is hard to know how far that support can be guaranteed.
In the meantime, while enforcement action remains a remedy available to Tenants against a Landlord for failing to meet their health and safety obligations, Government guidance also confirms that Landlords should not be “unfairly penalised” where they have been prevented from complying with standard obligations on account of COVID-19. However, this is unlikely to mean that Landlords will be permitted to flout the rules, but rather that any failures may be viewed sympathetically, provided they acted reasonably in doing what they could to resolve matters sensibly. Therefore, Tenants should still be able to take action where necessary.
If you are a Landlord struggling to meet your legal obligations to your tenant, or a tenant living in unsafe or unsanitary conditions, you should consider the terms of your lease, and consider taking advice about your specific circumstances in order to determine the best way forward.
Rachel Waller is a senior solicitor who specialises in property related issues in the litigation & dispute resolution team at Bishop & Sewell Solicitors.
T: 020 7091 2706
