Legal Advice You Should Know During COVID-19 in Property, Renting, Immigration and Employment 

Words Dorothy Adu

Coronavirus has been declared a pandemic by the World Health Organisation. With the majority of the world in different stages of quarantine due to its uncertain nature, it is easy to panic and become overwhelmed with questions. Despite health problems, COVID-19 has also presented obstacles for businesses, employees and almost every aspect of society both in the UK and globally. In this article, we highlight things to be aware of in renting, immigration and employment during the pandemic and hopefully answer some of your questions.

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Renting

With many employees being furloughed and others losing jobs or having to close their business, the pandemic has brought on a period of financial difficulty. What are some options available to tenants during this time? The Coronavirus Act 2020 came into effect on the 26th March 2020. Under this act, until 30th of September 2020, most landlords will be unable to begin proceedings to gain possession of their property without giving their tenant(s) at least three months’ notice. This provides support to tenants as they have a three-month period before proceedings begin, where they can make alternative arrangements if needed.  Furthermore, existing and new claims for housing possession have been suspended for a 90-day period since the 27th of March 2020. landlords have also been strongly advised not to start any new requests to gain property possession without having a “very good reason to do so”. 

Tenants should not take advantage of these measures and should continue to do the best they can to meet their rent obligations under their tenancy agreement. The government has made financial support available for tenants who find themselves in financial difficulties. If you are a struggling tenant, speak to your landlord as soon as possible. The earlier the better. Rent amounts agreed in your tenancy agreement remain legally due, however, it is within the landlord's discretion to accept a lower rate of rent or agree to a plan to accept arrears later. landlords and tenants are encouraged to adopt a pragmatic approach to ensure that both parties are protected during this time. Regardless of any event, tenants have a right to a safe, warm and decent place to live. It is in the best interests of both landlords and tenants to ensure that the property is kept on good repair and free from hazards.

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Immigration

The government has also provided guidance regarding the aspects of UK immigration and borders that have been affected by COVID 19 in the UK. As for visa extensions, if you are in the UK with leave expiring before 31st May 2020 and have been unable to leave the UK due to travel restrictions, the general policy is the Home Office will grant visa extensions on request. To get this extension, applicants must update their records with the Coronavirus Immigration team using an online form found on GOV.UK.

Right to Rent Checks

Right to rent checks have been adjusted temporally to make it easier for landlords to carry them out during COVID-19. Although checks continue to be necessary, since March 30th 2020, Landlords can now carry checks over video calls, tenants can send scanned documents or a photo of documents for checks via email or a mobile app with landlords using the Landlord’s Checking Service in the event that prospective or existing tenant are unable to provide any of the existing documents.

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Right to Work Checks

Similar to right to rent checks, as of the 30th of March 2020, right to work checks are temporally more flexible to make the process easier for employers to carry out. Checks can be carried out over video calls. Job applicants and existing workers can send scanned documents or a photo of their documents for checks using email or a mobile app. Rather than sending originals copies employers should use the Employer Checking Service if employees cannot provide any of the accepted documents.

Students and Employee’s Sponsorship

The government has decided not to take enforcement action against sponsors who continue to sponsor students or employees despite absences due to coronavirus. Sponsors will not need to report student or employee absences if they are related to coronavirus.

Visits to UK Removal Centres

Due to COVID-19 and the need to take necessary safety precautions, Immigration removal centres are closed to visitors. Visits by legal representatives can take place only in exceptional circumstances and only if other means of contact such as via Skype, phone or email are unavailable. There is also a coronavirus immigration helpline if you have any immigration queries related to coronavirus. The telephone number is: 0800 678 1767 (Monday to Friday, 9am to 5pm) and the calls are free of charge. The email address is: CIH@homeoffice.gov.uk

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Employment

Most employers and workers are being affected in some way by COVID-19, from having to work from home to finding new effective and dynamic ways of providing a service. Furlough seems to be the new buzzword in the world of employment, but what does this mean? The Coronavirus Job Retention Scheme was one of the measures put in place by the Government to support businesses and workers during the pandemic. The scheme allows all UK employers to access a financial subsidy worth 80% of their employee’s wage costs up to a cap of £2,500 per employee per month. Employees affected need to be classed as ‘furloughed workers’ to be eligible for the scheme. Guidance on eligibility and how to this scheme as well as operate can be found on GOV.CO.Uk. 

For employers, constantly reviewing your contingency plan is vital. The plan should factor in current and potential impacts as well as manage the specific business risks associated with disruptions within your line of work. This plan should be made transparent to key teams and individuals across the business and updated when it is no longer fit for purpose.

Despite our moral responsibility to ensure that those around us are safe and healthy, employers have a statutory duty of care for the health and safety of their employees. They must ensure that employees feel safe and secure in their employment even for those working remotely. To help ensure that employees do not suffer financially if sick during this time, another measure the government has introduced is self-isolation and Statutory Sick Pay.   If an employee or needs to self-isolate, they are entitled to SSP. This includes people who have been told to self-isolate by the NHS, those who have COVID-19, or have symptoms. SSP also applies to people caring for people in their households who display COVID-19 symptoms. Furthermore, SSP will be available from the first day with employers with less than 250 employees being able to claim a refund for COVID-19 related SSP costs of up to two weeks per employee. If sick, employees can self-certify for the first seven days and for a period can use a notification obtained from the NHS 111 as evidence for absence from work. Whatever you do, don’t panic. Ask questions, there is likely to be a scheme to support you during this time.

Dorothy Adu - LPC MSc Student & Founder of Law City