Viewings During Covid-19 Outbreak

Toots

Just wondering does anyone know what the story is with viewings while the virus is still in circulation.

Our lease is ending in the next few months, and one of the terms of the lease was that we had to allow viewings during the last month of the lease. Obviously I'm not sure what way things will be by that stage (we could be on lockdown) but I would not be happy with a load of randomers being paraded around the house, while potentially infectious.

Does anyone know are letting agents still carrying out viewings like this or would they have to wait until we've vacated before doing the viewings?

Slydice

I'm no expert so don't take this as legal advice but this looks like it might be relevant:

Government approves series of emergency measures to protect tenants
Published on Thursday, 19 Mar 2020
https://www.housing.gov.ie/housing/private-rented-housing/government-approves-series-emergency-measures-protect-tenants

Today the government approved new measures to give the strongest possible protection to all renters at this time of national emergency. A moratorium on notices to leave rental accommodation is being introduced as is a moratorium on rent increases so that people will be safe in their homes during this period.

Citizens info mention the moratorium:
https://www.citizensinformation.ie/en/health/covid19_overview.html#l86e64

Housing
Emergency measures were announced on 19 March 2020 to protect tenants impacted by COVID-19. These are:

• A moratorium on notices to leave rental accommodation and a moratorium on rent increases for the duration of the COVID-19 pandemic
• An increase in the notice period for tenancies of less than six months from 28 to 90 days

Looks like this might be the law itself:
https://assets.gov.ie/71890/915049eb3bb64e8881d326e9bcac999e.pdf

This look to be the bits about the moratorium .. maybe.. i dunno

Notices of termination under Act of 2004
5. (1) (a) A landlord shall not serve a notice of termination in relation to the tenancy of a
dwelling during the emergency period.

and

(2) (a) Subject to paragraph (b), where a notice of termination (that cites as a reason for
the termination concerned the ground specified in paragraph 1 of the Table to
section 34 of the Act of 2004) served before the emergency period specifies a
termination date that falls during or after the emergency period, the termination
date under that notice shall be deemed to be the revised termination date.

and

(6) In this section “revised termination date” means, in the case of a notice of termination
served before the emergency period, the date immediately following the expiration of
a period that consists of the aggregate of—
(a) the period of notice that remains unexpired on the commencement of the
emergency period, and
(b) the emergency period.

again, not a legal expert so to get legal advice, find someone legal

but that sounds like:

• There's an emergency.
• If your lease termination date is during the emergency, it is not anymore. It is now the end of the emergency.
• The end of the emergency is the new termination date

but again, not a legal expert

I'd kinda be hoping landlords would be trying to avoid going near their tenants/customers anyway right now and until the threat of the virus is done.

I don't see them on the Essential retail outlets list here but I dunno:
https://www.gov.ie/en/publication/12e1d9-updated-measures-in-response-to-covid-19-tuesday-24-march/

Graham

My 30 second layman interpretation is slightly different Slydice.

My interpretation is the emergency period essentially stops the clock and no new notices to be issued during the emergency period.

E.g. if you had 5 weeks of a notice period remaining at the start of the emergency period. You will now have 5 weeks remaining from when the emergency period ends.



I also can't see how a landlord is a retail outlet, essential or otherwise.

Baby01032012

The OP was not asking how they can stay in their current accomodation, they asked what the siuation is with allowing viewings during a time of a global pandemic when there's social distancing and a ban on more than four people gathering.

No letting agent is currently doing physical viewings. Alot of agents are doing virtual viewings where they either do a video walk through of the property and let potential tenants view it online or a video, whapsapp or skype walkthrough live at a set time.

No agent will put their own health nor owner, tenant or potential tenant at risk.

Its an evolving situation so we dont know what the HSE guidance will be in a few months time but expect everyone to follow it.

The_Conductor

Toots wrote: »

Does anyone know are letting agents still carrying out viewings

Most letting agents and property managers that I have dealings with (3 in Dublin and 2 in Galway) have all their staff on remote working and have basically mothballed any activities they cannot do from home.

They are *no* viewings, at all, happening at the moment.

I'm sure you might be able to find an EA somewhere who is ignoring government advice and trying to continue business as usual- however, they are very much the exception rather than the rule.

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.

Toots

The_Conductor wrote: »

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.

Jesus, thanks for that! I wasn’t aware of the notice period being increased. We are only renting this place for the year, and we want to move out at the end of the lease because we’re moving in with my parents to try and save a deposit. We had got a 30 day notice clause but I’d better make sure to give plenty of notice so we don’t end up stuck for an extra few months.

Browney7

The_Conductor wrote: »

Most letting agents and property managers that I have dealings with (3 in Dublin and 2 in Galway) have all their staff on remote working and have basically mothballed any activities they cannot do from home.

They are *no* viewings, at all, happening at the moment.

I'm sure you might be able to find an EA somewhere who is ignoring government advice and trying to continue business as usual- however, they are very much the exception rather than the rule.

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.

Are you sure that's correct that it applies to tenants too? Would be a serious increase in their obligations to go from 30, 42 or 56 days to 90 days.

From the act:"A landlord shall not serve a notice of termination in relation to the tenancy of a
dwelling during the emergency period." - no mention of tenant but some more knowledgeable folks here would know better I'm sure

Baby01032012

There’s no guidance online yet as it’s only being considered by Dail today so may be amendments.

However I think the trust of the law is to protect tenants rather than put more onerous requirements on them. It was simply to extend the minimum 90 day notice that applies to all Part Iv tenancies to those that are less than six months and don’t yet have the benefit of part Iv. It will be clarified when put into law I’d imagine.

Claw Hammer

The_Conductor wrote: »

Most letting agents and property managers that I have dealings with (3 in Dublin and 2 in Galway) have all their staff on remote working and have basically mothballed any activities they cannot do from home.

They are *no* viewings, at all, happening at the moment.

I'm sure you might be able to find an EA somewhere who is ignoring government advice and trying to continue business as usual- however, they are very much the exception rather than the rule.

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.

The legislation only mentions termination notices by landlords. No mention of 90 days either.

As for the o/p the agent is most unlikely to try and show you apartment in any event. If you refuse all they can do is send you are warning letter threatening to terminate your lease.

Slydice

Graham wrote: »

My 30 second layman interpretation is slightly different Slydice.

My interpretation is the emergency period essentially stops the clock and no new notices to be issued during the emergency period.

E.g. if you had 5 weeks of a notice period remaining at the start of the emergency period. You will now have 5 weeks remaining from when the emergency period ends.

On re-read, that sounds right.

Graham wrote: »

I also can't see how a landlord is a retail outlet, essential or otherwise.

I don't know what you're contributing here.

Graham

Slydice wrote: »

I don't know what you're contributing here.

refresher (emphasis mine):

Slydice wrote: »

I'd kinda be hoping landlords would be trying to avoid going near their tenants/customers anyway right now and until the threat of the virus is done.

I don't see them on the Essential retail outlets list here but I dunno:
https://www.gov.ie/en/publication/12e1d9-updated-measures-in-response-to-covid-19-tuesday-24-march/

Slydice

Graham wrote: »

refresher (emphasis mine):

I wrote my post and read yours but I don't know what you're contributing

Graham

Slydice wrote: »

I wrote my post and read yours but I don't know what you're contributing

You appear to be suggesting landlords are going to be avoiding tenants because they are not on the list of essential retail outlets.

I can understand why you're confused.

Slydice

Do you have more or different details about that?

Graham

I suspect the guidelines for retail outlets apply to retail outlets (aka shops).

Slydice

Do you suspect something different applies to Landlords?

For my part, I don't know if they fall under the retail guidelines.

I would be hoping landlords would be trying to avoid going near their tenants/customers for the moment though.

Slydice

Looking at this list:
https://www.gov.ie/en/publication/dfeb8f-list-of-essential-service-providers-under-new-public-health-guidelin/

I don't think Landlords doing viewings are included as part of the essential services.

I'm guessing that people are supposed to stay put whereever they are at the moment.

Claw Hammer

Landlords are accommodation providers. Accommodation is an essential so landlord providing accommodation or maintaining accommodation would be entitled to travel for that purpose.

Graham

Claw Hammer wrote: »

Landlords are accommodation providers. Accommodation is an essential so landlord providing accommodation or maintaining accommodation would be entitled to travel for that purpose.

Nothing on the essential service providers list to support that interpretation.

Claw Hammer

Graham wrote: »

Nothing on the essential service providers list to support that interpretation.

There is a category for accommodation providers with a non-exhaustive list of providers. It can hardly be the case that a person who needs accommodation simply cannot look at a potential property. What are they supposed to do?

Graham

hotels or similar providing essential accommodation (including homeless, direct provision and related services)

Nothing even remotely close to suggesting it's ok for landlords or estate agents to continue viewings.

Same for maintenance other than the privoso for emergency maintenance by plumbers etc.

Even less to suggest the general public can travel to view a potential new home.

Claw Hammer

Graham wrote: »

Nothing even remotely close to suggesting it's ok for landlords or estate agents to continue viewings.

Same for maintenance other than the privoso for emergency maintenance by plumbers etc.

Even less to suggest the general public can travel to view a potential new home.

Landlords provide essential accommodation. they also have statutory duties with regard to inspecting and maintaining their properties. They can't be expeted not to visit the properties and potential teats cant be expected to sleep on the streets until landlords come out or hibernation.

Assetbacked

Graham wrote: »

Nothing even remotely close to suggesting it's ok for landlords or estate agents to continue viewings.

Same for maintenance other than the privoso for emergency maintenance by plumbers etc.

Even less to suggest the general public can travel to view a potential new home.

This is the interpretation I had understood as well. Unfortunately everything on hold for the next two weeks unless virtual viewings can be arranged. No move ins allowed as well.

Graham

Provision of services to homeless is listed.

You're having a laugh if you're suggesting a property inspection is an essential service.

Claw Hammer

Graham wrote: »

Provision of services to homeless is listed.

You're having a laugh if you're suggesting a property inspection is an essential service.

It is essential for the tenants as is ensuring fire safety and refuse is removed and locks are secured.

galaxy12

It's mad to be viewing in these times even with social distancing in place no matter the classification.
Who knows how clean the property is and is it sanitized after /before each viewing.
Landlords should probably have some online vieiwngs , make videos of the place and share them and only allow those who are really interested to come and view .

Renjit

New builds are now doing virtual tours online.

The_Conductor

Renjit wrote: »

New builds are now doing virtual tours online.

Most new builds were doing CAD and actual virtual tours before now. Any decent estate agent was also doing the same for secondhand properties. Its not a new development.