Rights, obligations and responsibilities of Torbay landlords and tenants
- Credit: Archant
The last three or four weeks, unquestionably, have been one of the most life-changing times we have seen since World War Two.
The threat of the Coronavirus has taken over the world, the UK and Torbay and will challenge you, our families, our relationships and test us all.
The drive of this worldwide action of social distancing is not just to stop you from getting ill with the virus; the bigger drive is to slow down the development of this virus so the NHS will not become overwhelmed with those who are most likely to need hospital care. Yet the issue of social distancing has certainly raised many questions around the landlord/tenant/agent relationship.
I wanted to share with all the 5,510 Torbay landlords their rights, obligations and responsibilities to their Torbay tenants. I also wanted to highlight the rights, obligations and responsibilities of the 13,610 Torbay tenants in return.
A landlord has the responsibility to ensure the property is fit for habitation, so what if the Torbay landlord/agent is incapable of undertaking an emergency repair (or say the annual gas safety check) because the tenant is self-isolating or actually has the virus? The answer is the landlord should use their best efforts to fix the problem if it's an urgent repair, yet if the landlord/agent are unable to do so they should record this fact and that it is related to the Coronavirus epidemic.
One should then re-try as soon as is possible and appropriate, having full respect for information on self-isolation, personal-safety and social-distancing and ensure that you make a written note for future issue. My advice is that you or your agent (as we are with our Torbay tenants) need to uphold good lines of communication with the tenants touched by these current circumstances, so they are clear on what action you are taking and the timescales.
Yet at the same time, there will be very few situations in the coming weeks when the contractors who the landlord/agent use will also be in self-isolation, meaning a handful of the 13,610 Torbay tenants might have to wait for repairs to be sorted.
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We have some excellent Torbay contractors with their own backup plans and so together we will use our best endeavours to find an alternative contractor to fix any issues. If your agent has issues, then maybe we can help – do call me. Yet whatever you do, if this occurs, document everything and that it is related to the Coronavirus epidemic.
It's true the UK government has demanded that building societies and banks give a three-month mortgage holiday to those landlords that are unable to make mortgage payments. This is not free cash, the mortgage payments are basically postponed with interest to be collected at the end of this crisis, meaning your obligation as a Torbay tenant to pay the rent still exists.
HM Government is offering employers an 80% wage support with the furloughing to avoid having to make people redundant and the rent for your Torbay rental home will be treated in the same way as the landlord's mortgage.
Therefore, if you are incapable of being able to pay your rent, it will still build up and accumulate during this virus predicament and you will need to start a payment plan to pay it back on top of your normal monthly rent. Remember arrears have been put on hold – not removed during the virus outbreak. One option, subject to status and agreement by all parties, could be to renegotiate a new longer lease to pay off the arrears over a longer period. Again, the point here is communication from all sides.
There is a lot of help accessible from the HM Government including Universal Credit or Employment Support as soon as possible to escape any interruptions to your payments. Remember, your Torbay landlord will need proof of your Universal Credit or Employment Support claims to give to their mortgage company to be able to start the mortgage holiday, so my advice to all the 13,610 Torbay tenants is keep in contact with your agent to ensure your Torbay landlord doesn't suffer any avoidable hardship (which ultimately may end up with your home being repossessed because the mortgage payments were missed because you were unable to furnish the landlord with your own claim documents).
Communication is the priority here. Whilst most agent's premises are closed including our own, all are open for telephone and email enquiries, with staff working from home.
These are going to be tough times for the people of Torbay(and the world), financially and mentally; yet together we will come out of this stronger.