A national lockdown is currently in force for all of England.  

Guidance last updated by the Cabinet Office on 8 January 2021 sets out what you can and cannot do under the latest restrictions. Here, we detail the information that is most likely to affect landlords.  

Guidance issued by the Government is subject to change and can differ based on where you live or your circumstances (the information below covers England only) so please regularly check the ‘Guidance for landlords and tenants’  or National lockdown: Stay at Home pages on the GOV.UK website for the most up to date and accurate information. 

Rent during lockdown

Rent levels agreed in your tenancy agreement remain legally due, so tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability. Tenants who are unable to do so should speak to their landlord at the earliest opportunity. 

Discussions can include reaching a temporary agreement not to seek possession action for a period of time and instead accept a lower level of rent, or agree a plan to pay off arrears at a later date.

Find out more on the Government website.

Notices seeking possession

As of 29 August 2020, landlords must provide 6 months’ notice to their tenants in most circumstances. However, there are some serious cases where it is right that landlords are able to start progressing within a shorter timeframe; examples include anti-social behaviour, domestic abuse, rioting and false statement. 

Visit www.gov.uk for more information.

Where a landlord gives a tenant a valid Section 21 notice after 29 August 2020, the notice will now remain valid for an extended period: 

• 10 months from the date it is given to the tenant, where Section 21(4D) applies; or
• 4 months from the date specified in the notice as the date after which possession is required, if Section 21(4E) applies. 

Please note: The validity of Section 8 notices remains unchanged by the Coronavirus Act 2020. Section 8 notices continue to be valid for 12 months after they are served. 

Mortgage repayments

The mortgage holiday has been extended, with applications open to 31 March 2021. Borrowers, including those with a buy-to-let mortgage, who have been impacted by Coronavirus and have not yet had a mortgage payment holiday will be entitled to a 6-month holiday, and those that have already started a mortgage payment holiday will be able to top up to 6 months without this being recorded on their credit file. 

Repairs, maintenance and health and safety

Landlords can take steps to carry out repairs and safety inspections, including routine and essential inspections and repairs, as well as any planned internal works to the property under the national lockdown, which is in force in England, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation. 

Home moving during lockdown

The housing market in England will remain open during this national lockdown. This means that people looking to move home will be able to both continue with planned moves and view new properties to move into in the future. 

Initial viewings should be done virtually wherever possible. Where physical viewings do take place, these should be by appointment only and not in an ‘open house’ format. All internal doors should be opened and surfaces, such as door handles, should be cleaned after each viewing with standard household cleaning products. 

Minimising unnecessary contact by vacating your property while viewings are taking place is recommended. 

The usual measures to minimise Covid-19 transmission, such as social distancing, the wearing of face coverings and frequent hand washing, should also be taken.  

More information on home moving during the Covid-19 pandemic can be found on the Government website here.