Residential Landlord v Tenant v Covid-19

Friday 27 March 2020

It’s reassuring to hear stories of people rallying to help one-another in these difficult times.  However, in relation to matters involving hard cash, the warmth of human kindness can become a little cool.

When it comes to property rentals, landlords and tenants will still want to get the best possible deal out of any tenancy.

The Landlord

The landlord will ask for a deposit and will present the terms of the tenancy agreement to the tenant as a fait accompli. These terms will include matters such as the extent of the property, the term of the tenancy, and the use of the property. The terms will also extend to the landlord’s rights under the Housing Act 1988 to recover possession and re-enter the premises as a response to matters such as non-payment of rent.

The Tenant

The tenant will want the deposit to be held under the Deposit Protection Service and will expect the wording of the tenancy agreement to be clear and reasonable, and free of legal jargon. The tenant will want flexibility in the use of the property, and perhaps also the right to keep pets, and to decorate. Most importantly the tenant will want the right to protection from being evicted unless sanctioned by the court. This right is provided by Section 3 of the Protection from Eviction Act 1977, which states ‘… it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises’.

Covid-19

Clauses in leases and paragraphs in legislation can be difficult to interpret and apply at the best of times. Those tasks are made all the more difficult when facing the unique challenges posed by coronavirus.

Whether you’re a landlord or a tenant it’s unlikely you will have negotiated provisions in a lease which are a match for those challenges. If you’re a tenant facing eviction or a landlord trying to recover possession of premises you should seek specialist advice.

The Ministry of Housing, Communities and Local Government is presently consulting over the issues with which landlords and tenants are being confronted by coronavirus. It is expected that guidance, advice and information will follow.

In the meantime we can only hope that the wider displays of generosity and compassion which the pandemic has prompted will be echoed in the way landlords and tenants interact with one another.

If you’re a landlord or a tenant facing problems caused by coronavirus and require advice, please email or call our specialist Residential Conveyancing team on 0113 207 1094.