Department for Communities issues Housing Guidance on coronavirus issues in the Private Rented Sector

The Department for Communities have issued Coronavirus Housing Guidance for Private Rented Landlords and Tenants. The guidance sets out general advice for tenants and landlords in the Private Rented Sector (PRS) on issues which may arise during the Covid-19 outbreak.

In her introduction to the guidance, Communities Minister Deirdre Hargey MLA highlights that

“tenants in the private rented sector must know their homes are safe and secure so they can protect their health and the health of their families.”

Minister Hargey further underlines three guiding principles from DfC:

• Landlords should not engage in possession proceedings at this time.
• Where possible tenants should pay their rent; landlords should work with tenants where difficulties arise.
• Tenants should continue work alongside their landlord to receive all the support they need to ensure their home remains safe and secure.

Rent, Mortgage Payments and Possession Proceedings

On the issue of rent, mortage payments and possession proceeding, the guidance provides some general advice for both tenants and landlords, including the following:

• Tenants should continue to pay rent to the best of their ability. Tenants who are unable to do so should speak to their landlord at the earliest opportunity.
• Landlords and tenants should discuss issues as early as possible and should deal sympathetically with one another. Housing Rights’ mediation service can assist in resolving any issues.
• Landlords are encouraged to waive any fees for late payment of rent during the crisis.
• Tenants struggling to meet their rent are signposted to advice services such as Housing Rights.
• Tenants are also signposted to financial support available such as Universal Credit, government furlough schemes, Discretionary Support, Universal Credit and Discretionary Housing Payments.
• Landlords struggling to pay their mortgage are signposted to financial support such as mortgage-payment holidays.
• A Bill is progressing through the Assembly which requires landlords to give 12 weeks’ notice if they issue a notice to seek possession. Further detail on this legislation will be published in due course.

What Rights do I have?

In terms of court action on housing possession cases during the coronavirus outbreak, the guidance for tenants and landlords includes:

• Landlords should not issue new notices to seek possession at this time.
• Landlords and renters should delay action around moving to a new home while emergency measures are in place to fight coronavirus, even in cases where a landlord has issued notice of their intention to regain possession of the property.
• The Lord Chief Justice has suspended all non-urgent court matters, meaning that housing possession claims in the court system will be postponed (if you are a tenant you cannot be forced to leave your home without a court order).

Property Access and Health and Safety Obligations

This guidance provides advice for tenants and landlords on when to allow property access, as well as guidance on landlords’ repair obligations and tenants’ right to a decent, warm and safe space to live. It includes:

• It is in the best interests of both tenants and landlords to ensure that properties are kept in good repair and free from hazard.
• Where possible inspections of properties should be postponed unless in relation to emergency repairs.
• Tenants are advised to only allow council officials, contractors and landlords to access the property to inspect or undertake emergency repairs.
• No-one should visit a property to conduct viewings, or anything else which is not urgent and health and safety-related.
• Tenants should delay moving to a new home while emergency measures are in place to fight coronavirus. Landlords should refrain from completing house sales at this time in line with Government guidelines.
• If moving is unavoidable, for example where structural issues impact the health and safety of the occupant(s), advice on maintaining strict separation must be followed.

This sections also provides advice for students struggling to pay their rent, e.g. accessing student hardship funds.

Please see the Guidance for further and more detailed information and guidance on all of the above. Given the evolving nature of the Covid-19 crisis, this guidance will be updated with any additional measures put in place to support the private rented sector at this time.

Webinar: COVID-19: Implications for the Private Rented Sector

As Covid19 continues to impact people across Northern Ireland, our advice teams have been dealing with increasing demand for support and advice from people worried about their housing situation because of financial pressures or illness.  

Housing Rights advisers Denise Callaghan and Laura Reilly will be hosting a webinar on the effects of COVID-19 for the Private Rented Sector. We will take you through some of the most common issues that have been coming through on our helpline over the last few weeks. 

Join us on Thursday 23 April at 2-2.45pm. 

Register your interest in attending.