Insights

Coronavirus - The Residential Landlord's Repair and Maintenance Obligations

9/04/2020

The impact of Coronavirus is being felt across almost every aspect of our daily lives. One particular enquiry we have received a number of times is: what repairs and maintenance are landlords of blocks of flats expected to provide during the crisis, particularly in light of the Government's rules on the carrying out of non-essential work?

A landlord's obligations of repair and maintenance will be set out in the lease. They may range from works to essential utilities to the cleaning of common parts, landscaping and provision of concierge services.

Landlords should still be providing essential works and services such as maintaining water, gas and electricity supplies and fire safety. Where works are carried out, tradespeople should be advised to follow social distancing rules at all times. 

Non-essential services should be assessed on a case by case basis, as the ability to safely provide these services will vary between buildings. Generally it would be advisable for landlords to suspend non-essential services where possible to comply with social distancing rules and protect the safety of tenants and service providers.

Cleaning of common areas should be a focus, particularly in relation to high contact areas such as door handles and lift buttons. 

Tenants should still be able to report all instances of works and repairs, essential or non-essential, so that the landlord can keep a log and attend to non-essential repairs once the Government restrictions have been removed or reduced, and the works can be carried out safely.

Some works may require access to individual flats. Where a tenant is self-isolating due to having Covid-19 symptoms or having been in contact with someone who has symptoms, this should be advised to the landlord as soon as possible. If works are of a emergency nature and cannot be left unattended, such as a gas leak, then extra precautions should be taken by trades people with regard to protective clothing and cleaning.

The reduced capacity of trades due to illness or self-isolation may also mean that landlords cannot employ trades to undertake works as quickly as usual. Priority should be given to the most urgent works first. 

Concierge services may need to be restricted to limit contact of staff with delivery services and with the residents. 

Communication in this time is key. Landlords should write to tenants where possible or display clear notices in common areas regarding what essential works will be undertaken and what non-essential works will be deferred. Clear information should be provided regarding the reporting of all issues and how this should be done, including emergency repairs. 

Should you require help or information regarding specific circumstances please contact Hollie Wright in our Real Estate Dispute Resolution Team on 0203 755 5780.

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