Signup to the SWLA
This training will focus on an examination of the landlord’s repairing obligations, both in relation to disrepair claims and in relation to the new Homes(Fitness for Human Habitation) Act provisions. In addition they talk through the plans to reform residential lettings, with a focus on how landlords can obtain possession as and when Section 21 changes.
You will also receive information from the Councils Private Rented Sector Housing Officers about the new registration scheme, details of how to sign up and a certificate of attendance.
This training will be delivered in a webinar format:
Date: Wednesday 12th August 2020
Time: 4pm
Link: https://communications.ashfords.co.uk/9/627/compose-email/invite–free-training—the-repairs-revolution-and-beyond.asp?sid=blankform
Plymouth City Council is aware the majority of landlords working within the Private Rented Sector wish to provide safe, affordable and compliant properties, the Council thank them for their diligence and hard work. The legislative framework continues to change and grow, for example the introduction of electrical safety standards regulations, the Council will continue to improve standards by working with landlords.
There are occasions when enforcement needs to be undertaken, most recently additional powers have been provided to enable the use of civil penalties, (typically up to £30,000) for a range of offences. Community Connections issued its first civil penalty on 5th April 2019. Since then they have issued 38 civil penalties, amounting to approx £120.000. If you receive any penalty warning the first port of call would be the Council, contact them to discuss this issue further. An appeal can also be made through the court tribunal system, a more accessible, less formal, and more affordable way than the traditional prosecution hearing.
If you have any queries, or just wish to read more, information is available on Plymouth City Councils website, search for landlords.
We thought we’d remind you about some upcoming key dates and deadlines regarding the UK Coronavirus Job Retention Scheme, as it begins to wind down.
The scheme is now closed to new applicants and employers are able to bring back some employees to work part-time. For the period ending 30 June you need to submit your CJST claim by, tomorrow, 31 July 2020, which is the last date you can make those claims. You will also need to have made a claim at any point on or before 31 July 2020 to be able to make a claim for future months too.
Full details are in the Propertymark Government funding guide (page 11) and here are some other key dates to be aware of:
The Coronavirus Job Retention Scheme ends on 31 October 2020, meaning no employees can remain on furlough after this time.
Article from ARLA/Propertymark
The government has unveiled plans for the completion of the rollout of the Making Tax Digital (MTD) programme, with the scheme being incrementally extended from 2022.
Companies with turnover of more than £85,000 are currently required to file their quarterly VAT returns via the digital platform.
But from 1 April 2022, all VAT-registered firms must switch to MTD, regardless of the value of their sales.
The programme will be extended 12 months later to any individuals filing self-assessment income tax returns for annual business or property income in excess of £10,000. HMRC say ‘Self-employed businesses and landlords with annual business or property income above £10,000 will need to follow the rules for MTD for Income Tax from their next accounting period starting on or after 6 April 2023.
The government says that providing notice of the extension of MTD now will give businesses and individuals, including the self-employed and buy-to-let landlords, enough time to plan for the switch.
Plans to make landlords submit tax returns digitally will provide a huge administration challenge, according to Katharine Arthur, partner and head of private client at accountancy firm haysmacintyre.
She said: “The announcement is particularly significant, proposing a huge administrative challenge once Making Tax Digital becomes mandatory for Income Tax.
“With reporting required quarterly as opposed to annually, it is likely that buy-to-let landlords, small business owners and the self-employed, who already have limited resources, will be most affected by this change.”
Making Tax Digital was originally announced by the now former chancellor George Osborne in the 2015 Autumn Statement, with a view to digitising the tax system with the self-employed, small businesses and unincorporated landlords needing to keep digital records and use software to update HMRC quarterly.
Arthur added: “With reporting required quarterly as opposed to annually, it is likely that buy-to-let landlords, small business owners and the self-employed, who already have limited resources, will be most affected by this change.”
Article from Landlord Today https://www.landlordtoday.co.uk/breaking-news/2020/7/btl-landlords-will-be-among-most-affected-by-tax-change-says-accountancy-firm
Reminder – SWLA members can apply for a Trade Point Card and receive 5% off all Trade Point items (raising to 10% depending on previous spend). Contact the SWLA office for details on how to apply.
Information and article from The Sheriff’s Office; https://thesheriffsoffice.com/articles/new-measures-for-possession-proceedings-1
In preparation for the lifting of the moratorium on residential evictions on 23rd August, the Government has announced a new statutory instrument covering possession proceedings – The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 2020 No. 751 (L. 17) – which comes into force on 23rd August.
In preparation for the backlog of cases, and to protect vulnerable tenants, the Government has announced further measures once courts do reopen.
Court hearings are likely to need to be spread out to avoid bunching, so the court will fix a date either on or after issue, and there will be a suspension of the usual 8-week period between the issue of a claim form and the actual hearing itself.
It must be noted that the above procedures must be carried out so that a court hearing can go ahead, any landlord who has been waiting for a hearing will certainly not wish to further delay their case being heard. We therefore suggest that you gather the evidence and information required so you do not experience a further delay to gaining possession of your, or your client’s, property.
This instrument inserts into Part 55 of the CPR a new rule which provides the basis for a new, temporary Practice Direction 55C supplementing Part 55 (“PD55C”). PD55C (which is available on the Ministry of Justice website.
The claimant had been a tenant for many years, with no problems and good references. She is a single mother with a disability, who was employed. She was searching for a new tenancy and contacted the defendant letting agents, only to receive an email stating that for years the agents “have had a policy of not accepting housing benefit tenants”.
The claimant, with Shelter acting, then brought the present claim for sex discrimination and disability discrimination under sections 19 and 29 Equality Act 2010 and for a declaration in the County Court.
Usually the defendant agents settle out of court in similar circumstances. But for once the defendant agents did not settle. However, it appears that they had a change of mind, possibly on the advice of counsel, as what was apparently a case management hearing was turned into a final hearing at the request of both parties and, as the order records, terms were agreed by the parties. However, as well as ordering the agent to pay damages of £3500 and costs, the District Judge also went on to make a declaration as sought and to give reasons.
The declaration is that;
The Defendant’s former policy of rejecting tenancy applications because the applicant is in receipt of Housing Benefit was unlawfully indirectly discriminatory on the grounds of sex and disability contrary to sections 19 and 29 of the Equality Act 2010.
The reasons record that:
A ‘No DSS policy’ puts or would put women at a particular disadvantage. 53.1% of female single-adult households renting privately claim Housing Benefit compared to 34% of male single- adult households. When households with couples are included, 18.8% of women renting privately claim Housing Benefit compared to 12.4% of men. This means that, in the private rented sector, using whichever of the two analyses set out above, women are more than 1.5 times as likely to rely on Housing Benefit, and thus be excluded by a No DSS policy, than men.
And in relation to disability:
A ‘No DSS policy’ puts or would put persons who are disabled at a particular disadvantage. 44.6% of households who claim DLA or SDA claim Housing Benefit compared to 15.1% of households who do not claim DLA or SDA. This means that, in the private rented sector, disabled households are almost three times as likely to rely on Housing Benefit, and thus be excluded by a ‘No DSS policy’, than non- disabled households.
A policy of ‘No DSS’ would therefore have an increased impact on women and on people with a disability. This amounted to indirect discrimination under section 19 Equality Act 2010.
It is, we must note, a county court judgment, and so not binding on other courts. However, in the absence of a defence under s.19(2)(d) Equality Act 2010, that the discriminatory practice is “a proportionate means of achieving a legitimate aim”, it would seem likely that other courts would reach the same conclusion. No such defence was maintained in this claim (and for letting agents at least, it is hard to imagine what one might look like). I do not think it would be a defence for a letting agent to say the policy was at the request of the landlord(s).
What it means is that a blanket policy of refusing potential tenants who claim housing benefit is unlawful. What it does not mean is that potential tenants who claim housing benefit can’t be refused.
In principle, the same should apply to landlords, as well as letting agents. However, it may be that some landlords may have a s.19(2)(d) defence, for example, that their mortgage agreement has a condition of no letting to housing benefit claimants. Most of the bigger lenders have changed their policies on this, but there will still be some lenders and historic mortgages with those conditions.
What this doesn’t mean, alas, is that housing will be any more affordable. It should mean that housing benefit claimants have the opportunity to be considered for a tenancy on their own circumstances, rather than rejected straight away under a blanket policy.
Thank to Rose Arnall of Shelter for the copy of the Order and Reasons. She has been pursuing this issue for years.
Article from Nearly Legal; https://nearlylegal.co.uk/2020/07/discrimination-and-no-dss/?utm_source=mailpoet&utm_medium=email&utm_campaign=new-on-nearly-legal-newsletter-total-new-posts_1
The order and reasons can be read here; http://431bj62hscf91kqmgj258yg6-wpengine.netdna-ssl.com/wp-content/uploads/2020/07/20.07.02-Redacted-Court-Order.pdf
The summer statement provided a much welcome boost for buy-to-let landlords who stand to benefit from the stamp duty holiday.
The levy has been scrapped immediately for all homes under £500,000, to kick-start the stalled housing market and pick up the flagging economy.
Rishi Sunak said the move would benefit nine in ten home buyers, saving £4,500 on the average purchase.
But with the threshold raised, purchasers, including buy-to-let landlords, acquiring a property for less than £500,000 will save up to £15,000 on their total tax bill.
However, the 3% surcharge for additional homes, including buy-to-let properties, still applies on top of the revised standard rates, so purchases of homes valued up to £500,000 will attract a 3% stamp duty bill.
Sara Macallum, senior partner at Boodle Hatfield, said: “The 3% surcharge will still sit on top of these new bands – so for buyers of second homes, they will pay 3% SDLT up to £500,000, as opposed to 3% up to £125k, 5% from £125k up to £250k, and 8% from £250k to £500k.”
“Overall, it works out as an SDLT saving of £15k for both normal and additional rate taxpayers. Taking the example of a first-time buyer of an apartment for £750k, they will pay SDLT of £12,500 instead of £27,500. If on the other hand this were someone buying a second home, they would pay SDLT of £35,000 instead of £50,000.
“Companies will also benefit from these changes where they are not subject to the flat 15% rate.”
Article abridged from Landlord Today;
https://www.landlordtoday.co.uk/breaking-news/2020/7/btl-landlords-to-benefit-from-stamp-duty-cut
Homeowners in England will be able to get up to £5,000 worth of vouchers to make energy-saving improvements to their properties from September 2020.
The government will pay at least two thirds of the cost of some energy-saving home improvements. Chancellor Rishi Sunak announced details of the £2bn Green Homes Grant in the recent economic update statement.
Homeowners and landlords will be able to apply for the vouchers from September 2020. The announcement is part of a £3bn investment in green technology to cut carbon emissions.
The vouchers will be for homeowners and are expected to cover energy-saving measures including boilers, double glazing, energy-efficient doors, energy-saving light bulbs and insulation. The vouchers will pay for at least two thirds of eligible measures up to the value of £5,000. For example, if you wanted to fit insulation worth £4,000 in your home, you would pay £1,320 and the government would give you a voucher for the remaining £2,680.
Those on the lowest incomes wouldn’t have to pay anything and could get vouchers of up to £10,000.
You’ll need to complete an online application for one of the recommended home improvements, get a quote from a listed supplier and have that quote approved before getting the voucher to spend. The Government has said that homeowners will be able to apply for the grants on the Simple Energy Advice website from September.
Some commentators have warned that the funds allocated for Green Homes Grants could run out very quickly, as happened with the 2014 Green Deal Home Improvement Fund.
Article abridged from Which;
Iain Maitland represented SWLA at the virtual Covid19 impact on Cornwall Private Rented Sector (PRS) meeting held on 7th July 2020.
This initial meeting included facts and discussions around:
– PRS Shrinkage and Market Shift
– Empty Properties
– Houses in Multiple Occupation
– National Government Interventions, such as introduction of mortgage holidays, the furlough scheme, assistance for the self employed etc.
We will update you further with more information as and when future meetings are held.
Free signage pack available! See the following link for further information;
https://www.visitplymouth.co.uk/dbimgs/A%20Plymouth%20Guide%20to%20Reopening%20Safely.pdf
The housing sector has come together to support landlords and tenants facing rent arrears as a result of the Coronavirus outbreak. A guide has been published offering practical ways in which arrears can be addressed.
Landlords and tenants facing arrears can use the guidance, it’s a brilliant resource that contains numerous options and support information.
https://news.rla.org.uk/wp-content/uploads/2020/07/rent-arrears-management-guidance.pdf
BCHA are a social housing landlord and registered housing provider delivering services in Plymouth, who are looking to lease more residential properties in Plymouth.
BCHA are interested in leasing a range of 2 /3 /4 or 5 bedroom houses to use as family homes
Benefits to the owner:
Please contact Nick Richards if you are interested in further discussions.
Nick Richards Property Development Officer
BCHA, St Swithun’s House, 21 Christchurch Road, Bournemouth BH1 3NS
Tel No: 01202 410538 Mobile: 07971614990
The government has confirmed that courts will begin to hear possession cases from 24th August – providing greater certainty for the rental market.
The suspension of possession cases began on 27th March and was put in place to give tenants reassurance and security during the Coronavirus pandemic.
Of course, landlords need to ensure that they provide a Gas Safety Certificate to a tenant before occupation. However, what if this certificate is given late? Does that mean that a landlord can never serve a Section 21 notice?
A Court of Appeal decision has been made; all information in this article is from Landlord Blog – https://www.landlordlawblog.co.uk/2020/06/18/failing-serve-gas-safety-certificate-tenants-move-fatal-s21-claims-says-court-appeal/
This post is written by housing barrister Justin Bates who led for the successful landlord in this case.
In Trecarrell House Ltd v Rouncefield the Court of Appeal has held (by 2 to 1) that a landlord who has failed to provide his tenant with a gas safety certificate before the tenant enters into occupation is not prevented from using s.21, Housing Act 1988 to recover possession so long as he remedies that omission before service of the notice.
The Gas Safety (Installation and Use) Regulations 1998 impose various obligations on residential landlords. These include a requirement to carry out an annual gas safety inspection (r.36(3)); to give a tenant a copy of a gas safety certificate within 28 days of any such inspection (reg.36(6)(a)); and, to give the current certificate to any tenant prior to occupation (reg.36(6)(b)).
Section 21, Housing Act 1988 creates a “no fault / notice only” ground for possession against an assured shorthold tenant. A notice may not be given at a time when a landlord is in breach of a prescribed requirement (s.21A, 1988 Act). The prescribed requirement include reg.36(6) of the Gas Safety (Installation and Use) Regulations 1998, save that
… the requirement… is limited to the requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period for compliance with that requirement does not apply
(Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015).
In February 2017, Ms Rouncefield became the assured shorthold tenant of a flat of which Trecarrel House Ltd was her landlord. The landlord did not give her a gas safety certificate before she entered into occupation but, in November 2017, provided her with a copy of a certificate dated January 2017.
In May 2018, the landlord served notice under s.21, Housing Act 1988 and issued possession proceedings. The tenant defended the claim on the basis that because no gas safety certificate had been provided prior to her taking occupation, the landlord was not entitled to serve notice under s.21.
The Circuit Judge held that a failure to provide a gas safety certificate before the tenancy commenced was not capable of being remedied and dismissed the claim for possession.
The Court of Appeal granted permission to appeal. The tenant served a Respondents’ Notice taking a new issue. It was said that there had been a further gas safety check carried out in February 2018 and that no gas safety certificate had been provided in respect of that test; the failure to do so was said to amount to a breach of a prescribed requirement and so to provide a further reason why the s.21 notice was invalid. The landlord contended that the certificate
had been given before the s.21 notice was served.
By a majority, the Court of Appeal held that the correct construction of s.21A and the 2015 Regulations was that the time period for compliance with both Reg.36(6)(a) and (b) was disapplied.
Thus, a s.21 notice could be given so long as the landlord had – at any time before service of the s.21 notice – given the tenant a copy of the certificate which was in force before they entered into occupation and a copy of any further certificate which related to a subsequent inspection.
It was therefore immaterial that the January 2017 certificate had not been given to the tenant until November 2017. There was, however, a factual dispute as to
whether the 2018 certificate had been provided and that was remitted for consideration by the county court.
In simple terms, this is good news for landlords. A failure to provide the original gas safety certificate prior to the tenant going into occupation is not fatal to a s.21 claim so long as it is provided before the s.21 notice is served.
Likewise, the failure to give the annual test certificate is not fatal so long as it too is given before the s.21 notice is served. Given the huge number of gas safety tests that have been missed as a result of the current public health crisis, that is likely to come as a sharp relief.
There are, however, two difficult questions which are left open by the judgment.
The first is what the position is if the landlord has not done a gas safety check (and so does not have a gas safety certificate) for the period before the tenant went into occupation. How (if at all) can that be remedied? What if a check was done but the record is now not available?
The second is similar. What happens if the landlord fails to do the annual gas safety inspection so that there is no certificate to provide? This is probably less important. There is recognition in the judgment that the duty to do an annual safety inspection (reg.36(3)) is not a prescribed requirement for the purposes of s.21A, Housing Act 1988.
There is, however, something rather unattractive about a landlord seeking possession in circumstances where he has unlawfully failed to do a check (and thus provide a certificate) and whether that amounts to (impermissibly) relying on your own wrongdoing.
Tuesday 30th June 2020, 2pm
Hosted by Paul Shamplina, Landlord Action and Fran Miller, Bristol City Council.
Sign up here; https://register.gotowebinar.com/register/6499132275425335053
Paul Shamplina has 28 years’ experience in the legal field helping landlords; and set up Landlord Action in 1999 . Paul believes passionately in the rights of landlords and campaigns to improve the standards in the private rented sector. Well known in the media, Paul regular presents on Channel Five’s hit series ‘Nightmare Tenants, Slum Landlords’ Paul will be sharing his knowledge, experience and expertise in his webinar at a time when landlords face an uncertain future.
Paul, recently awarded ‘Best Seminar Speaker 2019 at the National Landlord Investment Show Awards, is generously giving you the opportunity to keep up to date and will be covering:
The extension announced by the Housing Secretary on 5 June 2020 takes the moratorium on evictions to a total of 5 months to ensure that renters continue to have certainty and security.
https://www.gov.uk/government/news/ban-on-evictions-extended-by-2-months-to-further-protect-renters
https://www.gov.uk/guidance/apply-for-the-coronavirus-local-authority-discretionary-grants-fund
What is the purpose of the Discretionary Business Grants?
The discretionary fund will support businesses who have fixed costs and have been affected by COVID-19. The intention of the grant is to support small businesses with high premises-related costs that fell outside of the original grant scheme.
HMO landlords have fixed costs (Council Tax, water rates, utility bills). HMO landlords who have had a COVID-19 related drop in rental income may wish to consider applying for the discretionary grant. The applications are assessed on a points basis. Applications opened on 01 June 2020 so if you intend on applying, do not delay. Grants are likely to be awarded only in exceptional circumstances so you will need to prove that you have had a drop in rental income.
This grant is aimed at small businesses with ongoing fixed property-related costs. Local authorities are to to prioritise businesses in shared spaces, regular market traders, small charity properties that would meet the criteria for Small Business Rates Relief, and bed and breakfasts that pay council tax rather than business rates. But local authorities may choose to make payments to other businesses based on local economic need. The allocation of funding will be at the discretion of local authorities.
Businesses must be small, under 50 employees, and they must also be able to demonstrate that they have seen a significant drop of income due to Coronavirus restriction measures.
For further information and to make an application, visit your Local Authority website.
With effect from 28 May 2020, individuals who have been notified that they have had contact with an infected person and instructed to stay at home for 14 days under the new NHS test and trace system will also be deemed incapable of work and eligible for SSP (statutory sick pay).
For further information, see the full guidance; https://www.gov.uk/guidance/nhs-test-and-trace-how-it-works
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020.
The new regulations will apply to new tenancies from 1 July 2020 and to existing tenancies from 1 April 2021.
Landlords must have the electrical installations in their properties inspected and tested by a person who is “qualified and competent”, at least every five years. Landlords must provide a copy of the electrical safety report to their tenants (and to their local authority if requested). For further information, please see the government guidance link above.
Through June and July, the scheme will continue in it’s current form with no change, the Government will pay 80% of wages up to £2,500 per month – with no employer contribution.
Greater flexibility has been introduced. This will help agencies to bring back more employees while they establish business need.
From July 1, under a new ‘flexible furlough’ employers will have more freedom to bring back employees for a number of days per week. To make changes, the existing scheme will need to close, this will happen on June 30 and new registrations under the existing scheme, will need to be made prior to June 10.
In August, the taxpayer contribution will stay at 80% of wages. Employers will be asked to pay national insurance and employer pension contributions.
By September employers will have made preparations and will therefore be asked to start paying towards people’s wages whilst the Government ensure staff remaining on furlough continue to receive up to 80% of their salary. Taxpayers will pay 70% of furloughed wages, employers will pay 10%.
Then in October, taxpayers will pay 60% with employers contributing 20%.
The Self-Employment Income Scheme will be extended, with applications opening in August for a second and final grant covering three months’ worth of average monthly trading profits up to 70% or a maximum total of £6,570.
Through June and July, the scheme will continue in it’s current form with no change, the Government will pay 80% of wages up to £2,500 per month – with no employer contribution.
In line with the messaging that Propertymark has been pushing through to Government on behalf of members, greater flexibility has been introduced. This will help member agencies to bring back more employees while they establish business need.
From July 1, under a new ‘flexible furlough’ employers will have more freedom to bring back employees for a number of days per week. To make changes, the existing scheme will need to close, this will happen on June 30 and new registrations under the existing scheme, will need to be made prior to June 10.
In August, the taxpayer contribution will stay at 80% of wages. Employers will be asked to pay national insurance and employer pension contributions.
By September employers will have made preparations and will therefore be asked to start paying towards people’s wages whilst the Government ensure staff remaining on furlough continue to receive up to 80% of their salary. Taxpayers will pay 70% of furloughed wages, employers will pay 10%.
Then in October, taxpayers will pay 60% with employers contributing 20%.
The Self-Employment Income Scheme will be extended, with applications opening in August for a second and final grant
covering three months’ worth of average monthly trading profits
up to 70% or a maximum total of £6,570.
The Chancellor went on to advise there will be no further extensions or amendments to these schemes.
Information from ARLA-Propertymark
The Tenant Fees Act 2019 (which came into force on 01 June 2019) provided a transition period of 12 months for tenancies which started before June 2019, this ends 31 May 2020. This means that any tenancy clauses in existing contracts that charge fees will not be enforceable after this date.
Any breach of the ban will incur a penalty of up to £5,000.00. Further breaches can result in a criminal offence and unlimited fines.
Key points;
| Check-out fees – Letting agents should be aware that tenants on existing contracts which involved paying check-out fees up front, these become Prohibited Payments as of 1 June 2020. Agents will have 28 days in which to repay these fees to tenants or they will be in breach of the legislation. End of the transition period – During the transition period fees written into existing contracts could continue to be charged. However, with the 12-month transition period now ending from 1 June 2020, the ban applies to all tenancies (both Fixed Term and Periodic) regardless of when the tenancy started. Tenancy Deposits – The Act set a cap (five or six weeks rent dependent on the amount of rent paid annually) for how much could be charged as a security deposit on a tenancy. This will apply to all relevant tenancies (ASTs and Licenses to occupy) from 1 June 2020.Agents do not need to immediately refund any part of an existing Tenancy Deposit that exceeds the cap of five or six weeks’ rent and can hold this for the duration of the existing tenancy. However, where a tenant renews their tenancy by signing a new Fixed Term agreement on or after 1 June 2019, any amount of their existing deposit which exceeds the applicable five- or six-week limit must be refunded to ensure the new tenancy complies with the tenancy deposit cap. Agents should liaise with the Tenancy Deposit schemes when dealing with calculations. Section 21 – A Section 21 notice cannot be issued in relation to the tenancy if Prohibited Payments or Holding Deposits need to be repaid. For detailed information on the Tenant Fees Act and what it means for landlords; https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819634/TFA_Landlord_and_Agent_Guidance_190722.pdf |
Chancellor Rishi Sunak has laid out how he expects to move businesses off the Coronavirus job Retention Scheme, meaning that some agencies must begin to start part-paying salaries for furloughed staff.
The Job Retention Scheme currently supports 7.5 million workers on furlough, guaranteeing 80 per cent of staff pay up to £2,500 per month, alongside national insurance and pension payments. The Chancellor announced an extension of the scheme until October on 12 May. No changes are expected until the end of July.
From August, employers will be required to pay a quarter of all staff wages – even if the business is still in lockdown. They will also be required to pay National Insurance contributions, but it is thought that the Government will still pay pension contributions.
Employers will be able to bring furloughed staff back part-time from August and will be obliged to declare the number of hours the currently furloughed staff work if they return. Firms caught abusing the system by not paying their share of staff wages face fraud charges.
Information for both employers and employees can be found on the gov.uk website.
Article from ARLA/Propertymark;
With businesses in England looking to reopen, and those in other parts of the UK still under lockdown, agency managers may struggle to balance the annual leave needs of staff with keeping the business running both now and when offices are reopened.
The Coronavirus pandemic is an unprecedented situation, which has seen many employees being placed on furlough. This has led some employees to stockpile holiday entitlement.
Almost all workers who work a five-day week currently receive 28 days of statutory leave entitlement inclusive of bank holidays. This entitlement is not normally transferable between leave years.
The Government has passed new emergency legislation allowing workers to carry forward, for two years, up to four weeks of unused leave the Coronavirus outbreak prevented them from taking. This eases the requirements on businesses to ensure that workers take the statutory amount of annual leave in one year. These amendments to the Working Time Regulations 1998 apply to all employees, including agency workers, and some casual and zero-hours contract workers. Financial penalties for employers who do not ensure that workers take their statutory entitlement in one year are also lifted.
Payments in lieu of holiday are usually disallowed unless the worker is leaving the employer, this has also been changed.
However, just because this legislation has been passed does not mean that it will happen in this way. The normal annual leave provisions are still in place and employers must still take all reasonable measures to allow an employee to take their allocated leave, These changes are for those workers that have been unable to take their leave due to the fact that they have needed to work during this crisis period.
Employers can require workers to take holiday as long as they give them twice as many days’ notice as the period of leave the worker is required to take, or whatever is outlined in their employment contract. Employers are recommended to seek their employee’s agreement to this arrangement, as this will come at a time where employees are unable to travel freely due to lockdown measures. Employees may be happy to agree to this arrangement as it would mean that the employee would be entitled to full pay for the period of annual leave.
This set of rules would apply equally to those employees who have not been furloughed.
If an employee is contractually entitled to more than the statutory amount (i.e. a business offers more than the 28 days statutory amount) then employers can ask employees to agree that leave above the statutory amount does not accrue during the period of furlough, however, this must be agreed and confirmed in writing by both parties.
Without such an agreement, the employee still accrues annual leave at the rate of their contractual entitlement.
The Government guidance does not address if furloughed workers can use holiday to top up their 80 per cent salary pay. If holiday is taken during a furlough period employers should top up the holiday pay to the full normal salary amount. Employers can also claim 80 per cent of the holiday pay through the furlough grant in the same way as regular salary.
Employees who are worried about a drop in income may propose taking holiday on set dates on full pay. They may only agree to being furloughed before or after some leave on full salary for the holiday part of the period.
Employers who are not in a financial position to pay furloughed employees in full during annual leave can refuse employees’ requests for holiday in what would otherwise be a furlough period. The employer must give the normal notice which is as much notice of a refusal as the amount of leave requested, so two weeks’ notice if the leave requested was for two weeks.
The information provided in this article is for general information purposes and does not constitute legal advice. Whilst the material is valid at the time of publication, changes in circumstances may impact the accuracy and validity of the information. It is therefore suggested that you consult with the Government website for the very latest information or speak with an HR adviser on the HR member legal helpline.
Article by ARLA Propertymark.
The full article can be read here;
https://www.arla.co.uk/news/may-2020/post-pandemic-plan-managing-annual-leave/
Wed, Jun 10, 2020 2:00 PM – 3:00 PM
Coronavirus has already had a dramatic impact on jobs and incomes and we will be living with the economic impact of the crisis for years to come. Government response has been to support people’s incomes and millions have made a claim for Universal Credit. This is chance to hear from DWP and discuss:
• their response and how the UC service is managing increased demand,
• supporting tenants to cope with the financial impact
• protecting vulnerable people
• changes to rent collection and arrears recovery
• preparing for the months to come