The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 were laid before Parliament today. They can be found here.
They are made under the Public Health (Control of Disease) Act 1984. As in March the basis is the “you cannot leave your home without a reasonable excuse” (regulation 5).
Ignoring general reasons such as to take exercise or to buy goods, reasons relevant to lettings include in 6(2)(g) a list of activities in relation to the sale or rental of a property.
Regulation 4(a) allows for going to work where the work cannot reasonably be done from home. The ability for agents to continue transacting business does not mean fully open, it means opened with the previous restrictions of social distancing, visits only by appointment, record of visitors and all the other coronavirus precautions.
Regulation 8 prohibits 2 people from different households meeting indoors, but regulation 11 in Part 3 allows meeting for the purpose of work or to move house, so a physical viewing, though to be minimised, can lawfully take place, as can a visit to the office.
Regulation 14 is the last regulation in that part 3 (gatherings) and requires “the manager” to carry out a risk assessment that would satisfy regulation 3 of the Management of Health and Safety at Work Regulations 1999. This would require risk assessments for both offices and viewings/visits taking place in homes.
Penalties can escalate as high as £6,400 after multiple offences. The regulations expire after 28 days.
The Schedule contains a list of premises that can remain open in Part 3, but not specifically stating estate or letting agent), however they do not get listed in part 1 or 2 either so we have to rely on the previous comments.
These regulations largely confirm what we had already understood to be the facts, but it is always good to see the legislation. Ignoring the legislation, it would be good practise for agents to minimise contact with staff in the office (work from home if possible, the law requires this) but avoid visits to properties too, where possible. Indeed there is an argument that visiting for a periodic visit is not “required for the rental” as it is about the management.
After all, we all want the lock-down to work so that the restrictions can be removed.
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