Empty property and new tenants not moving...

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    #16
    Is there a difference?

    As of today the property will be empty, so in theory then someone could inspect (or view?) it. But is the agent allowed to show the prospective tenant around? I got the impression from the agent that they weren't allowed to work, full stop. Is that not the case?

    Edit : Just realised what you're getting at - here in Aus the term 'inspection' is used when looking to buy or rent. But I assume by inspection you mean the rental agent checking to make sure all is OK? But no viewings by potential tenants are allowed - correct?

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      #17
      Originally posted by Mike_H View Post
      But no viewings by potential tenants are allowed - correct?
      The rules, as I understand them, are that non-retail businesses and businesses that do not result in people congregating are allowed to continue as long as suitable actions are taken regarding social distancing, etc. (but I could be wrong and it could be "business that does not involve meeting customers).

      If my understanding is correct, then viewings would still be allowed from a business viewpoint, but the prospective tenant/buyer may not be allowed out of their home for the purpose.

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        #18
        Originally posted by MdeB View Post
        If my understanding is correct, then viewings would still be allowed from a business viewpoint, but the prospective tenant/buyer may not be allowed out of their home for the purpose.
        I think the whole thing is unclear at the moment. The police are apparently just prosecting their first case of an agent doing viewings under the Corornavirus Act, (see https://propertyindustryeye.com/is-t...ical-viewings/). However, I'm really not clear whether the Government's pronouncements on gatherings of more than 2 people really amounts to a 'declaration' as per schedule 22 of the Act, or whether this is just guidance. Likewise the prohibition on moving home. It would be interesting to see how far this police case goes.

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          #19
          There are only four reasons you can leave home and looking at a new property doesn't seem to fit any of them.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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            #20
            I received an email this morning from a letting agent I use that says they are still doing viewings, with appropriate precautions, so they obviously think it is allowed.

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              #21
              Originally posted by jpkeates View Post
              There are only four reasons you can leave home and looking at a new property doesn't seem to fit any of them.
              I can't see how that relates to the Coronavirus Act at all. I assume its government guidance

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                #22
                Originally posted by DPT57 View Post
                I can't see how that relates to the Coronavirus Act at all. I assume its government guidance
                It is actually law. It’s The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which is a statutory instrument.

                Regulation 6 (on pages 4 and 5 of the PDF) cover the restrictions on movement. They are actually 13 reasonable excuses for leaving one’s home listed, though some of them are very specific (e.g. “to donate blood” and “in the case of a minister of religion or worship leader, to go to their place of worship”), so the pithy four that are mentioned in government publications such as https://www.gov.uk/government/public...an-and-cant-do sum it up for most people.

                Regulation 4 (on pages 2 and 3 of the PDF) orders certain businesses to close; they are listed in parts 1 and 2 of schedule 2 (on pages 9 and 10 of the PDF) — they’re in two parts because part 1 covers cafes and restaurants and the like, which are still allowed to do takeaways and deliveries. Regulation 5 (on pages 3 and 4 of the PDF) orders physical shops to close (though they’re still allowed to do deliveries), except for those listed in part 3 of schedule 2 (on pages 10 and 11 of the PDF), which allows shops like food retailers to stay open. Estate agents aren’t included in any of those lists (or mentioned anywhere else in the legislation).

                So I think jpkeates is right. Estate agents can continue to operate (including having staff travel for work if it’s impractical to work from home) but it would be illegal for someone to go and view a property.

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                  #23
                  I'd forgotten the name of the legislation and the rest of the list of reasons.
                  Thanks for the summary!
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #24
                    Business meetings between 2 people where unavoidable are fine according to the legislation. I've been interviewing applicants for a tenancy with s d and I can't see why that would be a problem.

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                      #25
                      Because they can't travel to the meeting?

                      It might be OK if you were meeting as part of both of your work, if it couldn't be done at home, because that's allowed.
                      But on what basis can the prospective tenant leave their household to meet you?
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #26
                        Inform the tenants you are not willing to delay move in as there are interested parties waiting. They knew we were in lockdown on the original date so the whole "cant move because of lockdown" is a load of horlicks.

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                          #27
                          Originally posted by alex1 View Post

                          It is actually law. It’s The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which is a statutory instrument.
                          Thanks for this. I hadn't seen the SI but this makes it much clearer.

                          Comment


                            #28
                            Originally posted by alex1 View Post

                            It is actually law. It’s The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which is a statutory instrument.
                            para 6. starts
                            6.—
                            (1) During the emergency period, no person may leave the place where they are living without reasonable excuse.
                            (2) For the purposes of paragraph (1), a reasonable excuse includes the need
                            so the list is not exhaustive.

                            6.(2)(l) says
                            to move house where reasonably necessary
                            and viewing is part of moving house.

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                              #29
                              Originally posted by MdeB View Post
                              viewing is part of moving house.
                              That extends the notion of "moving house" to include almost anything in the preamble to moving house.

                              The list may not be exhaustive, but there's also no mechanism to add anything or to guide a court about what else might be considered a "reasonable excuse", so that isn't really helpful.


                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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