Coronavirus (Covid-19) information for letting agents and estate agents during lockdown

The situation with Covid-19 is rapidly changing and this article will continue to be updated throughout. For the latest guidelines, please refer to gov.uk.

Agents should be aware of an update to the guidance for landlords and tenants during Covid-19, which now states that "serious rent arrears greater than 6 months’ rent" will be exempt from the evictions ban - regardless of when the arrears started to accrue.

The situation with Covid-19 is rapidly changing and this article will continue to be updated throughout. For the latest guidelines, please refer to gov.uk.

The evictions ban in England has been extended for a further six weeks, meaning that evictions will not be enforced by bailiffs until 21 February 2021 at the earliest, aside from in the most "egregious cases". The "court rules and procedures introduced in September to support both tenants and landlords will remain in place and regularly reviewed" and a new mediation process will also be piloted in February. 

The situation with Covid-19 is rapidly changing. For the latest guidelines, please refer to gov.uk.

The government has confirmed that people can still move home and continue to view properties during the third national lockdown in England, as under Tier 4 restrictions, while continuing to follow appropriate Covid-19 safety guidelines. The lockdown will come into law on 6 January 2020 and is expected to be in place until at least February half term.

The situation with Covid-19 is rapidly changing. For the latest guidelines, please refer to gov.uk.

The 2020 holiday period was disrupted by the introduction of Tier 4 Covid-19 measures across much of England, and now 2021 starts with a new national lockdown. The government has confirmed that the lettings industry can continue to operate under these restrictions, and its guidance for home moving emphasises that the safety of tenants should remain the "first priority" for agents and landlords.

The situation with Covid-19 is rapidly changing and this article will continue to be updated throughout. For the latest guidelines, please refer to gov.uk.

The Government has announced that England will be moving back into a system of tiered restrictions as part of its “Covid-19 Winter Plan” for when the second national lockdown ends on 2 December. Although the restrictions will be “tougher” than they were in October, it currently appears that the lettings industry will be able to continue operating as it has during the lockdown, with “moving home” listed as being exempt from the restrictions on gatherings at every tier. Courts will also remain open at every tier.

Landlord Action's Legal Director, Tim Frome, talks to Goodlord's Oli Sherlock about how possession cases are faring since the reopening of the courts, with insights from on the ground for letting agents and landlords who are going through the new process.

🎧 Listen to the whole conversation
🎬Watch the whole conversation

The situation with Covid-19 is rapidly changing and this article will continue to be updated throughout. For the latest guidelines, please refer to gov.uk.

The Coronavirus Job Retention Scheme has been extended until 30 April 2021, with furloughed employees to receive 80% of their current salary for hours not worked, in order to support businesses as much of the country is put under Tier 3 restrictions. Chancellor Rishi Sunak has also confirmed that he would be extending the government-guaranteed Covid-19 business loan schemes until the end of March.

This situation is rapidly changing and this article will continue to be updated throughout. For the latest guidelines, please refer to gov.uk.

Letting agencies can continue to operate and viewings and house moves can take place during the second national lockdown, which begins on 5 November and will continue until at least 2 December. Under the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020, activities in connection with the purchase, sale, letting or rental of a residential property have been made exceptions to the "stay at home" guidance.

Bailiffs have agreed not to enforce court orders against tenants living in areas where Tier 2 and Tier 3 Covid-19 restrictions are in place. Eviction proceedings can still take place in the courts.

Robert Bolwell, Senior Partner at Dutton Gregory, which manages the ARLA Propertymark Legal Helpline, answered letting agents questions on Covid-19's impact on the possession process in a Goodlord webinar. Click on a question to jump to the answer or watch the webinar on-demand now.

1. How would you summarise the key changes for people who haven't yet had to use the courts since they reopened?
2. If you have a case that's been stayed, how do you kick start that process again?
3. How long will it take for cases to be looked at if there aren’t significant arrears?
4. When it does mean you're going to be physically in front of a judge if you are pursuing a possession claim together with a claim for rent arrears?
5. If there aren’t any arrears, do you need to provide a Covid-19 statement with the paperwork or only when requested?
6. How much notice does the tenant have to give to the landlord's agents?
7. Do we have to change the wording on section eight notices around the grounds for rent arrears?
8. What do I do if I've got rent arrears now of five months? Do I serve a notice now for six months’ expiration date or do I wait till they go over the six month mark?
9. Can you get ahead of the game by submitting a claim to the courts before the notice is expired?
10. If a section 21 notice has been issued and the tenant has now fallen into a periodic tenancy, and there has been since then a revised TDS certificate. Does that revised certificate somehow revoke the section 21 that happened beforehand?
11. How could the Tenant Fees Act impact payment plans?
12. What do you do if you haven't heard a peep out of your tenant? 
13. What impact do you think Covid-19 might have on the courts if a tenant starts to argue that actually that process has been affecting the tenant?