Right to rent checks continue in the same way as now until 30 June 2021 for citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein.
Continue checking their passport or national identity card as before. For family members of EU, EEA or Swiss citizens, follow the usual guidance for documents you can accept for right to rent checks.
It’s against the law to ask EU, EEA or Swiss citizens to show that they have settled status or pre-settled status when starting a new tenancy.
You will not need to make retrospective checks for existing tenants from 2021.
In June 2021 , new guidance will be published covering how landlords can perform right to rent checks for EEA nationals.
The Electrical Safety Standards in the Private Rented
Sector (England) Regulations 2020
These Regulations apply in England to –
**note, if a pre 01 July 2020 tenancy rolls onto a statutory periodic tenancy after 01 July 2020, the Regulations will apply**
Here are a few frequently asked questions & answers from NICEIC & ELECSA;
HAS COVID-19 PROMPTED A CHANGE TO THE PRS LEGISLATION?
No, It is important to note that PRS legislation and timings have not changed. Full details on the regulations, including information relating to the steps landlords, can take if they cannot find an inspector or if they are unable to gain access to a property in normal circumstances can be viewed here; Guide for landlords: electrical safety standards in the private rented sector – GOV.UK (www.gov.uk)
WHAT ACTION WILL BE TAKEN IF LANDLORDS AND INSPECTORS ARE UNABLE TO COMPLY DUE TO COVID-19 ACCESS ISSUES?
While the regulation and the schedule hasn’t changed, MHCLG issued COVID-19 specific guidance for landlord, tenants and local authorities. Encouraging local authorities to take a pragmatic, risk-based and common-sense approach to enforcement during COVID-19 the advice outlines reasonable steps landlords should take in the interim period.
A topline summary of this updated guidance and how it relates to PRS electrical safety checks is shown below:
• A landlord is not in breach of their duty to comply with a remedial notice if they can show they have taken all reasonable steps to comply.
• A landlord could show reasonable steps by keeping copies of all communications they have had with tenants and electricians as they attempt to make arrangements to carry out the work, including any replies
• Landlords may also wish to provide other evidence which shows the electrical installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous condition reports.
• A landlord who has been prevented from accessing the premises will not be required to begin legal proceedings against their tenant to show that all reasonable steps have been taken to comply with their duties.
Landlords of privately rented accommodation must:
To view the full COVID-19 and renting: guidance for landlords, tenants and local authorities document, please see; Guidance for landlords and tenants – GOV.UK (www.gov.uk)
Please see the SWLA trade listing for local electricians; https://www.landlordssouthwest.co.uk/tradelistings/electricians-pat-electrical-services/
Or search the following;
Information from gov.uk and NICEIC & ELECSA (electrical governing bodies)
The ban on bailiff enforced evictions has been extended.
Renters will continue to be supported during the new national restrictions, with an extension to the ban on bailiff evictions for all but the most egregious cases for at least 6 weeks – until at least 21 February – with measures kept under review.
Court rules and procedures introduced in September to support both tenants and landlords will remain in place and regularly reviewed. The courts will continue to prioritise cases, such as those involving anti-social behaviour, illegal occupation and perpetrators of domestic abuse in the social sector.
Landlords continue to be required to give 6-month notice periods to tenants until at least 31 March except in the most serious circumstances.
The government has changed the law in England to ensure bailiffs do not enforce evictions for 6 weeks until 22 February, with no evictions expected to 8 March at the earliest. This will be kept under review.
The only exceptions to this are for the most egregious cases – anti-social behaviour, illegal occupation, death of a tenant where the property is unoccupied, fraud, perpetrators of domestic abuse in social housing and extreme rent arrears equivalent to 6 months’ rent.
Guidance to support landlords and tenants in the social and private rented sectors understand the possession action process and new rules within the court system in England and Wales is available.
For those renters who require additional support, there is an existing £180 million of government funding for Discretionary Housing Payments for councils to distribute to support renters with housing costs.
Our office remains open as normal for telephone and email queries (office hours 10am – 3pm Monday to Friday). If you call outside of these hours, please leave a message.
We are closed for visitors to help keep members and staff as safe as possible.
Take care, from the SWLA staff and committee.
The following guidance should be followed immediately; the law will be updated to reflect these new rules;
You must not leave, or be outside of your home except where necessary (see above guidance for further information on what you can and cannot do).
Landlords, you may leave home to fulfil legal obligations or to carry out activities related to buying, selling, letting or renting a residential property.
Owner occupiers, renters and landlords. Grants available for eligible* households living in E, F or G homes to fund green affordable warmth improvements.
*includes joint annual income under £30,000
Contact for more information:
0800 038 5680
SWLA’s December bulletin has been posted to members.
If you prefer to read it electronically, you can read in online; December Bulletin
You can also read previous issues; Latest Bulletins
How to Rent Guide Updated – 10th December 2020
It is mandatory for landlords to provide the latest version of the ‘How to rent: a checklist for renting in England’ to tenants before a tenancy starts – and on renewal of the tenancy if there has been an update to the contents of the guide.
SWLA recommend that landlords give the guide to tenants at the start of each new tenancy and at the start of each renewal (new fixed term), ensuring that there is no doubt that the tenant has received the most up to date version.
Landlords should obtain the How to Rent Guide directly from the gov.uk website to ensure that the most up to date copy is provided.
How to Let Guide Updated – 10th December 2020
The How to Let Guide for landlords has also been updated, It explains the responsibilities, legal requirements and best practice for letting a property in the private rented sector.
How to rent a Safe Home Guide Updated – 10th December 2020
This guide is for social and private rented sector tenants and explains the main hazards which may make a property unsafe to live in.
It explains tenants’ and landlords’ obligations and how to raise concerns.
The How to Rent Guide will include updates following recent legislative changes such as the Minimum Energy Efficiency Standards (MEES), the Tenant Fees Act and the Electrical Safety Standards in the Private Rented Sector (England) Regulations.
The Deregulation Act 2015 made it a requirement for landlords and letting agents to serve tenants a copy of the How to Rent Guide at the start of each new tenancy/fixed term.
When a new How to Rent Guide is released, there is no need to re-issue it to existing tenants.
Once the guide is updated by the Ministry of Housing, Communities and Local Government (MHCLG), we will email members to advise.
Here is some information on households and social distancing. A reminder that a HMO household is classed as one household; https://www.gov.uk/government/publications/coronavirus-covid-19-meeting-with-others-safely-social-distancing/coronavirus-covid-19-meeting-with-others-safely-social-distancing
Information on support bubbles and who is allowed to form a support bubble; https://www.gov.uk/guidance/making-a-support-bubble-with-another-household#what-a-support-bubble-is
Information on childcare bubbles; https://www.gov.uk/guidance/making-a-childcare-bubble-with-another-household
And information on Christmas bubbles; https://www.gov.uk/government/publications/making-a-christmas-bubble-with-friends-and-family/making-a-christmas-bubble-with-friends-and-family
Landlords should familiarise themselves with the rules on bubbles, especially HMO landlords who may receive queries from tenants.
Views required on proposals to extend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015
This consultation seeks views on:
a. Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require social landlords to ensure at least one smoke alarm is installed on each storey of the premises on which there is a room used wholly or partly as living accommodation.
b. Amending the statutory guidance (Approved Document J) supporting Part J of the Building Regulations to require that carbon monoxide alarms are fitted alongside the installation of fixed combustion appliances of any fuel type (excluding gas cookers).
c. Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require private and social landlords to install a carbon monoxide alarm in any room used as living accommodation where a fixed combustion appliance is used (excluding gas cookers).
To respond, please see the gov.uk website; https://www.gov.uk/government/consultations/domestic-smoke-and-carbon-monoxide-alarms
For any of our members who missed the Free Training Webinar on Tuesday 1st December at 12.30pm, please use the following link to access the recording;
Huge thanks to Charlotte Lee from NAPIT for presenting, it was a brilliant session and we had 50 members log in live.
For more detailed guidance and a chance to provide feedback, please see; PRS Electrical Safety Webinar PDF.pdf
You can also visit the following website to read more about your landlord responsibilities and to find registered tradespeople; http://homesafetyguidance.co.uk/
The government released its Social Housing White Paper – ‘The Charter for Social Housing Residents’. The White Paper sets out reforms to ‘provide greater redress, better regulation and improve the quality of social housing’ in England.
The proposals in the White Paper reflect responses to the social housing green paper published in 2018, in which residents from across the country were asked for their views on social housing. Almost 1,000 tenants shared their views with ministers at 14 events across the country, with over 7,000 submitting evidence online. The social housing green paper consultation response and response to the call for evidence on the review of regulation have been published.
The White Paper proposes the following policy measures:
Guaranteeing building safety
•Legislate to strengthen the Regulator of Social Housing’s consumer regulation objectives to explicitly include safety.
•Legislate to require social landlords to identify a nominated person responsible for complying with their health and safety requirements.
•Expect the Regulator of Social Housing to prepare a Memorandum of Understanding with the Health and Safety Executive to ensure effective sharing of information with the Building Safety Regulator.
•Launch a consultation on requiring smoke alarms in social housing and introducing new expectations for carbon monoxide alarms.
•Consult on measures to ensure that social housing residents are protected from harm caused by poor electrical safety.
•Continue to work with the Social Sector (Building Safety) Engagement Best Practice Group and the Building Safety Regulator to ensure resident voices are heard.
Encouraging good landlord performance
•Create a set of tenant satisfaction measures for landlords on things that matter to tenants.
•Introduce a new access to information scheme for social housing tenants of housing associations and other private registered providers of social housing, so that information relating to landlords is easily available.
•Ensure landlords provide a clear breakdown of how their income is being spent.
•Require landlords to identify a senior person in their organisation who is responsible for ensuring they comply with the consumer standards set by the Regulator of Social Housing.
Improving the handling of complaints
•Provide residents with consistency across landlord complaint handling by ensuring landlords self-assess against the Housing Ombudsman’s.
•Complaint Handling Code by 31 December 2020.
•Ensure tenants know how to raise complaints and have confidence in the system by launching a communications campaign. The Government will expect landlords, the Housing Ombudsman and the Building Safety Regulator to ensure residents have clear and up to date information on how to complain.
•Legislate to ensure clear co-operation between the Housing Ombudsman and the Regulator of Social Housing to hold landlords to account more effectively when things go wrong.
•Make landlords more accountable for their actions by publicising the details of cases determined and published by the Housing Ombudsman.
Holding landlords to account
•Transform the consumer regulation role of the Regulator of Social Housing (‘the regulator’) so it proactively monitors and drives landlords’ compliance with improved consumer standards.
•Remove the ‘serious detriment test’ and introduce routine inspections for the largest landlords (those with over 1,000 homes) every four years.
•Change the regulator’s objectives to explicitly cover safety and transparency, and work with it to review its consumer standards to ensure they are up to date and deliver its revised objectives.
•Give the regulator the power to publish a Code of Practice on the consumer standards to be clear what landlords are required to deliver.
•Strengthen the regulator’s enforcement powers to tackle failing landlords and to respond to new challenges facing the sector.
•Hold local authorities to account as landlords, including how they manage Arms-Length Management Organisations and Tenant Management Organisations, to make sure they deliver a good service to tenants.
•Require the regulator to set up an Advisory Committee to provide independent and unbiased advice on discharging its functions.
Strengthening resident engagement
•Expect the regulator to require landlords to seek out best practice and consider how they can continually improve the way they engage with social housing tenants.
•Deliver a new opportunities and empowerment programme for social housing residents, to support more effective engagement between landlords and residents, and to give residents tools to influence their landlords and hold them to account.
•Review professional training and development to ensure residents receive a high standard of customer service.
Ensuring good quality homes and neighbourhoods
•Review the Decent Homes Standard, including access to and the quality of green spaces.
•Tackle anti-social behaviour by enabling tenants to know who is responsible for action and who can support and assist them if they are faced with antisocial behaviour.
•Consider the results of the allocations evidence collection exercise findings to ensure that housing is allocated in the fairest way possible and achieves the best outcomes for local places and communities.
Supporting home ownership
•Investing £11.5 billion to build up to 180,000 affordable homes. Around half of these new homes will be for affordable home ownership.
•Implementing a new, fairer and more accessible model for Shared Ownership.
•Implementing a new Right to Shared Ownership for tenants of housing associations and other private registered providers who live in new grant funded homes for rent.
•Emphasising through a new National Design Guide the importance of building beautiful and well-designed social homes.
•Introducing a new Affordable Homes Guarantee Scheme.
•Encouraging local authorities to take advantage of the removal of the borrowing cap to build more council homes.
The government are seeking views on proposals around raising energy performance standards for the domestic private rented sector in England and Wales.
This consultation closes at 11:45pm on 30 December 2020.
The government has committed to upgrade as many private rented sector homes as possible to Energy Performance Certificate (EPC) Band C by 2030, where practical, cost-effective and affordable.
This consultation sets out a suite of policy proposals towards achieving this. These proposals will bring significant benefits to landlords, tenants and our environment including:
To respond please see the gov.uk website; https://www.gov.uk/government/consultations/improving-the-energy-performance-of-privately-rented-homes
The government are seeking views on how mortgage lenders can help householders to improve the energy performance of their homes.
This consultation closes at
Lenders could have a role in building a market for energy performance improvements. The government has been engaging with lenders, their engagement organisations, and other financial stakeholders to better understand how government can encourage lenders to innovate.
The consultation sets out a range of proposals that could improve the energy performance of mortgaged properties, and deliver substantial emissions reductions.
The consultation is open to all.
The Mayor of London, Sadiq Khan, has launched a licence checker online tool which aims to protect the ‘wellbeing of London’s private renters’ to help them discover if their landlord has properly licensed their home.
Property licensing is a tool that boroughs in London can use to enforce decent standards in the private rented sector. Some privately rented homes in London need a property licence and the landlord of that property is responsible for obtaining it. Holding the correct property licence is a legal requirement and demonstrates that the property is suitable for occupation and managed to an acceptable standard.
If a landlord does not hold the correct property licence, they may be subject to enforcement action from their local council, but the implications for renters are also significant: Section 21 ‘no fault’ eviction notices are invalidated and they may be entitled to a Rent Repayment Order requiring a landlord to pay back up to 12 months’ rent. The current average rent in London is around £1,425 per month, meaning a year’s worth of repaid rent would come to more than £17,000.
The online tool
The Checker hopes to empower renters and also provide intelligence to help boroughs target their enforcement against rogue landlords – especially those who have failed to register licences for larger houses in multiple occupation (HMOs), where some of the poorest property conditions are found in London.
Article abridged from ARLA/PropertyMark
New government guidance has been released to advise landlords and letting agents about how to conduct a right to rent check when letting privately rented accommodation. The guidance sets out the specific actions they can take to prevent liability for a civil penalty.
You must conduct a right to rent check before you rent to a prospective tenant to ensure they have a legal status in the UK and are therefore allowed to rent. This includes everyone over the age of 18, including British citizens, who will use the property as their only or main home, even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, oral or implied.
Changes from the last version of right to rent guidance
The most significant updates in this new guidance document relate to:
• the introduction of the Home Office online checking service
• the use of the combination of a passport, plus proof of travel within the preceding six months (for example a physical or electronic plane/boat/train ticket or boarding pass) for nationals visiting the UK from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA to demonstrate a right to rent
• an amendment to the lists of acceptable documents set out in the Schedule to include Home Office documents issued to third-country family members of EEA nationals, which show the length of leave granted to such persons (both time-limited and indefinite)
• an amendment to the lists of acceptable documents set out in the Schedule to remove the requirement that a UK birth or adoption certificate must be the full (long) certificate. A short or a long birth or adoption certificate issued in the UK, Channel Islands, the Isle of Man or Ireland are now acceptable documents to demonstrate a right to rent
• further minor amendments and technical changes to the presentation of the lists of acceptable documents making it simpler for landlords to conduct the initial and follow-up checks
Please remember that where checks have been made virtually during the coronavirus period (since 30 March 2020), you should carry out retrospective checks (once the coronavirus period is over) on tenants who:
You should mark the retrospective check: “the individual’s tenancy agreement commenced on [insert date]. The prescribed right to rent check was undertaken on [insert date] due to COVID-19.”
The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both checks should be kept for your records.
The Home Office will not take any enforcement action against you if you carried out the adjusted check set out in this guidance, or a check via the Home Office, and follow this up with the retrospective check.
New digital checks
From 25 November 2020, you will be able to conduct a right to rent check using the Home Office online checking service, for those eligible to use the service. This check can be carried out via live video link and as the information is provided in real-time, directly from Home Office systems there is no requirement to see documents.
If you conduct a check using the online checking service or a standard document-based ‘in person’ check as set out in the code of practice, it will not be necessary to conduct a retrospective check.
SWLA have been writing to all South West MPs to advise them of the difficulties that many landlords are facing when tenants can’t pay their rent due to the impact of the coronavirus crisis. When there are large amounts of arrears, landlords often have no choice but to serve tenants’ notice. Landlords are faced with a long wait for possession whilst rent arrears accumulates. Despite many MPs replying to our lobbying, we are yet to receive a response from Ministers, however, we are working hard in voicing the struggles that landlords are facing.
SWLA have a newly formed ‘MP Panel’ made up of SWLA members from each constituency. The panel member simply forwards SWLA letters to their MP so that our member’s voices are heard across the region. It has been a great success so far and we would like to thank those members who are members of the panel. If you are interested in joining the panel, please contact the SWLA office.
Many other leading professional landlord/letting bodies, charities and building societies, are urging the UK Government to provide financial help to private renters who have been thrust into rent arears during the economic impact of Coronavirus.
As the financial fallout continues, the need to sustain tenancies wherever possible is paramount. The best way to ensure this happens is to make sure that tenants are able to pay their rent. A financial package should include boosting emergency funding to councils for interest free grants to support those in receipt of benefits and Government-guaranteed hardship loans for tenants, like the schemes developed in Wales and Scotland.
Sets out the local restriction tier system that will be in place from Wednesday 2 December, including what you can and cannot do in each tier.
Remember, ‘Hands. Face. Space’:
When meeting people you do not live with, it is important to do so outdoors where possible, or to make sure that any indoor venue has good ventilation (for example by opening windows so that fresh air can enter).
It is right to apply tighter restrictions where prevalence is highest. In September and October, the virus spread rapidly in all parts of the country. The government responded with new national restrictions. These have brought transmission back under control.
The government will replace them on 2 December with a regionally-differentiated approach, where different tiers of restrictions apply in different parts of the country.
These tiers will be strengthened compared to the previous tiers in order to prevent a return to growing infections. We know that social contact spreads the virus. We need to impose these restrictions and it is right to target the toughest measures only in the areas where the virus is most prevalent or where we are seeing sharper increases in the rate of infection.
The government is committed to ensuring the right levels of intervention in the right places to manage outbreaks, suppress the virus and keep R below 1.
There are 3 tiers for local restrictions:
On Thursday 26 November the government will announce which areas are in which tier. You will be able to use the postcode checker to find out the restrictions in your area or an area you plan to visit. The NHS COVID-19 app will be updated on 2 December.
The new rules will come into effect from the beginning of Wednesday 2 December.
This guidance sets out what you can and cannot do in each tier.
There is separate guidance for households with a possible or confirmed coronavirus infection and additional advice at each tier will be provided shortly for people who are clinically extremely vulnerable to coronavirus.
Support bubbles have been expanded. From 2 December you can form a support bubble with another household if any of the following apply to you:
The government will announce the arrangements that will be in place over the Christmas period shortly.
Across all tiers, everyone:
Visits to care homes can take place with arrangements such as substantial screens, visiting pods, and window visits. Regular testing will be offered to up to 2 family members or friends per resident by Christmas, which – when combined with other infection-control measures such as PPE – will support indoor visits with physical contact. Detailed guidance will be published shortly.
All businesses and venues that are open are expected to follow COVID-19 secure guidelines to protect customers, visitors and workers. In all tiers, the following businesses and venues can remain open:
Everyone who can work from home should do so. Where people cannot do so – including, but not limited to, people who work in critical national infrastructure, construction, or manufacturing – they should continue to travel to their workplace. Public-sector employees working in essential services, including education settings, should continue to go into work where necessary
In tier 1:
This is for areas with a higher or rapidly rising level of infections, where some additional restrictions need to be in place.
In tier 2:
This is for areas with a very high or very rapidly rising level of infections, where tighter restrictions are in place.
In tier 3:
Tuesday 1st December 2020
Electrical Safety Standards in the Private Rented Sector Regulations (England) 2020 Roundup with NAPIT (via Zoom)
Log on for a prompt 12.30pm start. Expected to finish by 1.30pm.
NAPIT speaker Charlotte Lee will also answer questions from the ‘chat box’ at the end of the talk.
The Zoom code has been sent to all of our members, please contact the office if you have not received the code and would like to attend.
The Green Homes Grant Scheme, under which landlords can apply for a grant of up to £5000 to improve the energy efficiency of their properties, has been extended by a year.
Launched in September 2020, the scheme was due to end on 31st March 2021. As part of a new plan for a green industrial revolution unveiled by the Government this week, the scheme will now be extended until March 2022.
What the extension means in practice
As part of the Green Homes Grants scheme, landlords can apply for grants which are issued as vouchers, and cover up to two-thirds of costs, available for specific measures.
The extension means the vouchers will be valid for three months from the date they are issued or until 31 March 2022 (whichever is earlier). Vouchers must be redeemed before the validity period ends. An extension of the voucher can be requested at any time before your voucher has expired, unless the scheme has been closed.
Higher energy efficiency targets for landlords
As of this year all rental properties that are legally required to have an EPC (other than those with valid exemptions) must have an EPC rating of E or higher to be legally rented out.
Coinciding with the launch of the Green Homes Grant scheme in the summer, the Government also announced plans to raise the minimum energy efficiency standards for rental homes to C grade or higher from April 2025 for new tenancies, (unless they have a valid exemption).
The Government is currently consulting on the proposals, with the cost cap proposed for landlords £10,000 – much higher than the current £3,500 level. Under the proposals all landlords will need to hit the targets by 2028 (unless they have a valid exemption).
For more information on the Green Homes Grant scheme, see https://www.gov.uk/guidance/apply-for-the-green-homes-grant-scheme
Article abridged from NRLA
SWLA TradePoint members get an extra 10% off all deals.
The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.
The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 were laid yesterday just days after the Ministry of Justice was threatened with a judicial review challenge over an ongoing refusal by bailiffs and HCEOs to enforce warrants and writs. https://www.legislation.gov.uk/uksi/2020/1290/contents/made
The regulations came into force 17th November and apply to England.
The specified circumstances in the regulations allowing attendance are “where the court is satisfied that the claim is against trespassers who are persons unknown or where it was made wholly or partly on the grounds of anti-social behaviour, nuisance, false statements, substantial rent arrears that predate 23rd March 2020 or, in cases where the person attending is satisfied that the dwelling house is unoccupied at the time of attendance, death of the occupant”.
A case is said to involve substantial rent arrears “if the amount of unpaid rent arrears outstanding at the date on which the order for possession is granted is at least an amount equivalent to 9 months’ rent”. Any unpaid rent arrears accrued after 23rd March 2020 must be disregarded for this purpose.
The regulations also prevent use of the procedure set out in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) to take control of goods located inside a dwelling house.
The Explanatory Memorandum acknowledged that since 20 September, the Lord Chancellor had asked bailiffs not to enforce evictions in areas subject to local lockdown regulations which place restrictions on gatherings in residential properties. Following the introduction of the Health Protection (Coronavirus, Local Covid-19 Alert Level) Regulations 2020, bailiffs were asked not to enforce evictions in areas designated as Local Alert Level High (2) or Local Alert Level Very High (3).
The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 (“the national health protection regulations”) introduced a national lockdown in England from 5th November until 2nd December 2020.
The Secretary of State for Justice issued The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 in exercise of the powers conferred by sections 45C(1), (2), (3)(c) and 45P of the Public Health (Control of Disease) Act 1984(1).
“These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England,” the statutory instrument says.
“The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
The Explanatory Memorandum states that the aim is to ensure protection for tenants from being evicted both during the period while the national health protection regulations are in force and the subsequent mid-winter holiday period.
“During this time, public services and businesses may be closed or running at a reduced capacity and securing alternative accommodation may present increased practical difficulties; the Government therefore believes it is right to prevent the enforcement of evictions, in order to reduce the risk of virus transmission and avoid placing additional burdens on the NHS and hindering local authorities in their public health response at a time when pressure on services is most acute.”
Regulation 2 – Residential Tenancies (Protection from Eviction) – expires on 11 January 2021. Regulation 3 – Taking Control of Goods – expires on expiry of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (S.I. 2020/1200).
Article abridged from ‘Local Government Lawyer’
The Ministry for Housing, Communities and Local Government has launched an inquiry into the immediate and long-term impact that Covid-19 is having on the homeless, rough sleepers and those in the private rented sector. “It will consider both the immediate and long-term impact that the COVID-19 pandemic is having on the homeless, rough sleepers and those in the private rented sector.”
The deadline for submissions is 27 November 2020.