Practice Direction 51Z came into effect on 27.3.20, with the effect that all proceedings brought under CPR 55, together with proceedings seeking to enforce possession by a warrant or a writ of possession, are automatically stayed for a period of 90 days, from 27 March 2020. The Practice Direction ceases to have effect on 30.10.2020. That, coupled with Schedule 29 Coronavirus Act 2020, may mean a quieter few months for Housing Practitioners.
However, injunctive relief proceedings are specifically excluded from the Practice Direction . Guidance from the Welsh Government confirms that Private Landlords’ duty to repair continues, but that Landlords should postpone non urgent repairs and/or maintenance which does not present an urgent health and safety issue. Repairs which still should be carried are those involving urgent health and safety issues which “affect your ability to live safely and maintain your mental and physical health in the property.” Examples given are a leaking roof, a broken boiler with the result that the tenant is left without heating or hot water, plumbing problems which leaves the tenant without washing or toilet facilities or a security critical problem such as a broken window or external door. The Welsh Government also asks that Private Landlords not issue possession proceedings due to rent arrears at the moment although for the reasons set out above, any such claims are unlikely to get far in any event. The Welsh Guidance for Private Landlords can be found at https://gov.wales/coronavirus-covid-19-guidance-for-landlords-and-managing-agents-in-the-private-rented-sector-html
Further guidance indicates that the duty for Local Authorities to inspect and maintain standards continues, but the way in which such a duty is discharged may be altered. Councils are advised to consider carrying out inspections for example where the tenant is vulnerable and a hazard is thought may exist or in circumstances where there may be a serious risk to the tenant’s health. The Guidance suggests that legal action pursuant to notices served under Housing Act 2004 may be suspended due to difficulties carrying out the works due to the current situation, if the notice so provides. The Guidance also suggests ways in which Landlords may wish to address their obligations under the Gas Safety (Installation and Use) Regulations 1998. A copy of the guidance can be found at https://gov.wales/sites/default/files/publications/2020-04/covid-19-coronavirus-and-the-enforcement-of-standards-in-rented-properties-in-wales.pdf
Welsh Guidance also sets standards in respect of social landlords in several documents e.g. https://gov.wales/sites/default/files/publications/2020-03/coronavirus-social-landlords-housing-regulation-guidance.pdf
It is important that parties to a lease realise that their obligations to each other remain enforceable. In respect of repair obligations, tenants should keep a full written record of what they have reported, to who, by what means and when. Photographs are always helpful. Any response should likewise be recorded in writing. Landlords should likewise keep a written record of what was reported to them and when. Landlords should also keep a record of what efforts they have made to try and get someone to the Property to carry out the repair. They also need to bear in mind that they still need to comply with the notice requirements of the lease, which will make provision for shorter notice in the case of urgent repairs. If the parties disagree as to whether the repair falls within the Welsh Guidance set out above, for example if a Landlord disagrees that a particular repair is required for critical security reasons, then the reasons for that stance should be set out in writing. Hopefully, this will enable the parties to resolve the dispute but, worst case scenario, it will be for a Court to ultimately decide the reasonableness of that stance.
Injunctions can still be sought, requiring Landlords to carry out repairs. Difficulties may arise in trying to get surveyors out to carry out the standard reports. However, Local Authority hazard inspections are still being carried out and should suffice for the urgent repairs envisaged- almost certainly category 1 hazards. Landlord need to be mindful, not only of County Court proceedings for an injunction by the tenant, but also the wide range of enforcement tools available to the Local Authority.
Rachel is an experienced Landlord and Tenant lawyer, particularly in relation to Welsh Housing Law; and is happy to advise at short notice if required on any aspect of the above article.