Can I Stay in the Property to Make Repairs?

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    Can I Stay in the Property to Make Repairs?

    Hi all - I'm new to this so apologies if this (or similar) has been dealt with somewhere else!
    I own a property in the south west but currently live in London. I've been renting the property out privately. My last tenant moved out in January 2020 and I was planning to get quite a bit of (much needed) maintenance done on it in the following months, but obviously Covid put a stop to that. I'm keen to get the works done and for it to be put back on the rental market again. My question is...am I allowed to stay over at the empty property to get work done and things moving again? Due to the distance there's no way I could make daily trips. I'm really unclear what the rules are. I don't want to be turned back by the police, but at the same time I do need the rental income, and it's silly to have a house empty when people could be living in it...any advice or thoughts gratefully received!

    #2
    Definitely - as long as you're a government advisor...

    Comment


      #3
      As of today, staying overnight is not allowed (replacing leaving your home not being allowed), but work purposes is an exception and is allowed.
      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


        #4
        Work through the night and nap during the day?

        There are loopholes galore when a nanny state tries to micro-manage it's populace like this lot are trying to do.

        Comment


          #5
          Originally posted by jpkeates View Post
          As of today, staying overnight is not allowed (replacing leaving your home not being allowed), but work purposes is an exception and is allowed.
          Cool, thank you jpkeates - I saw the updated guidance today in the 'Coronavirus (COVID-19) Guidance for Landlords and Tenants' which said (in answer to the question 'What about works on empty and void properties to prepare them for being let?'): "Where workforce is available and resources allow, there is no reason why landlords should not undertake work on empty and void properties to prepare them for being let to new tenants" but I was still none the wiser if that meant it was OK to stay over in the property in order to get it ready for letting again.

          I sought advice from the local council and they didn't know either.

          Comment


            #6
            Because the regulations keep changing, you pretty much have to keep your own version updating it each time a new set of changes are made.

            It's doubly annoying, because the guidance and the regulations aren't in synch.
            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


              #7
              This is the latest SI. http://www.legislation.gov.uk/uksi/2020/558/made

              Comment


                #8
                Originally posted by DPT57 View Post
                I guess it's 'reasonably necessary' for me 'to stay elsewhere for work purposes' in order to sort the property out then...

                Comment


                  #9
                  The guidance says that preparing a property for letting is fine.
                  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


                    #10
                    Originally posted by jpkeates View Post
                    The guidance says that preparing a property for letting is fine.
                    I've just searched through and can't see that anywhere - could you point me in the right place please? Sorry!

                    Comment


                      #11
                      https://assets.publishing.service.go...t_Guidance.pdf
                      Page 20
                      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


                        #12
                        I would say that, under the Cummings interpretation, if you act responsibly and keep to social distancing rules, then you are OK.

                        It is not like there are people in the property with whom you could exchange corona virus.

                        Just take everything with you so you avoid mixing with the locals: the incidence down here is much less than in London.

                        Comment


                          #13
                          Yes, I agree about the acting reasonably and interestingly the legislation seems to allow for this too through the use of the word "include"

                          For the purposes of paragraph (1), the circumstances in which a person (“P”) has a reasonable excuse include cases where....

                          Comment


                            #14
                            The guidance says that preparing a property for rent or sale is work that is allowed to be done in this phase of the lockdown.
                            And staying in another property for work is allowed.

                            So travelling somewhere to work and staying there overnight is fine.
                            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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