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Sunday, 29 March 2020

The Rights, Obligations & Responsibilities of the 10,221 Southampton Landlords & 25,247 Tenants During the Virus Outbreak




The last few weeks, unquestionably, have been one of the most life-changing times we have seen since WW2. The threat of the Coronavirus has taken over the world, the UK and Southampton and will challenge you, our families and our relationships.

The driver of this worldwide action of social distancing is not just to stop you from getting ill with the virus; the bigger driver is to slow down the spread 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, so in this article I wanted to share with all the 10,221 Southampton landlords their rights, obligations and responsibilities to their Southampton tenants. I also wanted to highlight the rights, obligations and responsibilities of the 25,247 Southampton tenants in return.

These will be trying times for Southampton landlords and Southampton tenants alike, so let’s start

A landlord has the responsibility to ensure the property is fit for habitation, so what if the Southampton 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 its 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 possible and appropriate, having full respect for the protocol on self-isolation, personal-safety and social-distancing and ensure that you have documented the process. My advice is that you or your agent (as we are with our Southampton 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 for this.

Yet at the same time, there will be situations in the coming weeks when the contractors who the landlord/agent use will also be in self-isolation, meaning a handful of the 25,247 Southampton tenants might have to wait for repairs to be sorted. We have some excellent Southampton 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, document everything. Do remember that agents and contractors will have to prioritise emergency works over more basic maintenance and prioritise key workers / NHS over non key workers.

The total rent paid by Southampton tenantseach month is £32,593,900
It’s true the UK government has requested 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 Southampton tenant to pay the rent still exists. HM Government is offering employers an 80% wage support with furloughing to avoid having to make people redundant and at the same time enabling them to pay their bills. Universal credit is also there to help. One-point worth noting is that not all landlords have mortgages and I am not talking about extremely wealthy landlords, some our landlords are retired, own one property and rely on the income as part of their pension to live off.

The average Southampton rental payment currently
stands at £1,291 per month

Therefore, if you are incapable of paying 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. So if your rent is £1,291pm and you have already been living there for 2 months into a 12 month tenancy, there is still £12,910 to be paid over the next 10 months, so should you make no rental payments for 3 months your rent would increase by 43% a month for the last seven months or you face eviction due to arrears. 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 or make lower rental payments for a few months. Again, the point here is communication. Landlords, agents and tenants need to talk to each other and agree a plan – making sure there are no nasty surprises.

So, if you are in this predicament, there is a lot of help accessible from the HM Government including Universal Credit or Employment Support. You should access these as soon as possible to escape any interruptions to your monthly payments. Remember, your Southampton 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 25,247 Southampton tenants is keep in contact with your agent to ensure your Southampton 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 #1 priority here. Whilst most agent’s premises are closed including our own, it is business as usual for telephone and email enquiries, with staff working from home. This is a fast-changing time for everybody but now more than ever we need to stay in touch with each other, an email, text or phone call to our landlords and tenants.

The coming weeks are going to be tough for the people of Southampton (and the world), financially and mentally; yet together we will come out of this stronger. By working together, working in partnership, again keeping lines of communication open with regards to your finances and your housing, by keeping safe and protecting our families and most of all by being kind to each other...

We will get through this, a little battered and bruised, yes, but hopefully better human beings for it? Take care and stay safe Brian.

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Email me on brian.linehan@belvoir.co.uk or call on 023 8001 8222.

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