The ICSH will continue to provide our member organisations with the most useful and up-to-date information that can assist them in carrying out their operations over the course of the COVID-19 crisis.
On 15 September 2020, the Government introduced a plan to manage the pandemic, called Resilience and Recovery 2020-2021: Plan for Living with COVID-19. The plan, identified as a move from a short-term emergency response approach to a medium-term approach, sets out 5 levels of restrictions. Level 1 is the least restrictive and Level 5 the most restrictive. A revised plan was adopted on 23rd February 2021 COVID-19 Resilience and Recovery 2021: The Path Ahead.
On 24th October 2020, the Government introduced the Residential Tenancies Act 2020 (RTA 2020). This new legislation modifies the usual operation of the Residential Tenancies Act 2004 (RTA 2004) to provide that tenants are not required to vacate their rental properties during an Emergency Period, except in limited circumstances relating to specific breaches of tenant obligations. These temporary restrictions were and will be based on any Emergency Periods which impose restrictions on travel outside of a 5-kilometre radius of a person’s place of residence. This means that whenever the movement of a person is restricted to within 5 kilometres of their home, the temporary restriction on ending a tenancy will apply. The latest Emergency Period expired on 12th April 2021. This means that notice periods that were paused can be calculated from 13th April 2021 and the existing laws on how to end a tenancy apply again from 13th of April 2021.
On 30 March 2021, the Residential Tenancies Act 2021 introduced an amendment to the Planning and Development Residential Tenancies Act, 2020 (PDRTA) to extend the application of the tenancy protections for a further three months from 13 April 2021 to 12 July 2021. https://www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector.
The Residential Tenancies Act 2021 also introduced an amendment to the Residential Tenancies Act 2020 (RTA 2020), the legislation which brings in temporary protections for tenants where they cannot be made to leave their rental accommodation (except for limited circumstances) any time there are restrictions on travel outside a 5-kilometre radius of a person’s place of residence. This amendment aimed to clarify that a 5-kilometre travel restriction does not affect the legal obligation on a tenant to pay rent, and as such, rent arrears has been added as one of the exceptions to ending a tenancy under a 5km Emergency Period.
(On 2nd August 2020, the Residential Tenancies and Valuation Act 2020 became law. The commencement of this Act, ended the original emergency measures introduced for tenants back in March 2020).
Temporary change of process regarding the HPL1 form
Can rents be increased/reviewed at this time?
Is rent collection and rent assessment being affected?
How should rent arrears be dealt with?
Can evictions take place now?
Can tenants now gain their Part 4 rights again?
Are the RTB dispute resolution processes operating as normal now?
What are the timeframes for the dispute resolution services at this time?
Are allocations still taking place?
Can pre-tenancy training continue?
Should AHBs be carrying out repairs?
How can we make tenants in our multi-unit development aware of the advice on Covid-19?
Who should be considered vulnerable / at risk tenants?
What guidance is available for vulnerable group settings in the Covid-19 crisis?
Responding to domestic violence
Should we be providing any additional services to our tenants?
What is best practice if one or more of our older tenants (in one complex) are diagnosed as positive for Covid-19?
Should we notify other tenants that there has been a Covid-19 case in the housing scheme?
Should we be carrying out additional cleaning services?
Are we responsible for the cleaning of a tenant’s apartment who had Covid-19?
Is there any way that we can replace our Day Centre Services which are now closed?
Should we impose visitor restrictions in our schemes?
Some of our units are void pending refurbishment – do we still need to do weekly inspections?
Is separate insurance required for employees working from home?
Can the annual servicing of gas boilers be postponed if they are due during this emergency period?
Are there insurance implications if properties are allocated for health service staff or as self isolation units as requested by the authorities?
What Protocols and policies do we need to have in place before returning to work?
Does there need to be a designated staff member responsible for the implementation of these protocols and measures?
Is there training required for returning to the workplace?
Is there guidance around travelling to and from work?
Social Housing applicants and applicants for the Rebuilding Ireland Home Loan should note that in light of the Covid-19 emergency, a temporary alternate arrangement has been put in place that will remove the need for them to have to obtain a physically completed HPL1 form from Revenue, either in person, by post, or by Revenue’s online systems ROS/MyAccount.
Instead, the applicant can request that the local authority undertake an electronic process to obtain the information from the Revenue Commissioners. Persons who wish to avail of this option should contact their local authority and request that the relevant HPL1 information be obtained on their behalf by the local authority.
Rent increases are prohibited for relevant tenancies up to and including 12th July 2021, with no back-dating allowed. Rent increases cannot apply in respect of the period from 11 January to 12 July 2021 inclusive. New rent can take effect from 13 July 2021. Rent reviews can proceed as normal but only a rent decrease can take effect prior to 13 July 2021. See further information here: https://www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector/dealing-with-rent-arrears-after-the-emergency-period
Door-to-door rent collection or receiving rent payments in person is relatively rare. However, AHBs should contact tenants that make rent payments in person and encourage them to make their rent payments through other means for the duration of the restrictions. This is a time of considerable financial uncertainty for many with the slowdown in economic activity having a knock-on effect on some employment. We would advise members to deal sensitively with any tenants facing such worries or uncertainty. The ICSH advises its members to:
- encourage tenants to approach them at an early stage if they are worried about their finances.
- assure tenants on differential rents that any changed income will be factored into their rent calculations, while being realistic that these calculations may not be done immediately and may take some time to resolve.
- keep tenants informed of social welfare assistance available to them.
The PDRTA replaces the Residential Tenancies and Valuation Act 2020, which was in place from 1 August 2020 until 10 January 2021 inclusive. On 30 March 2021, the Residential Tenancies Act 2021 introduced an amendment to the PDRTA to extend the application of the tenancy protections for a further three months from 13 April 2021 to 12 July 2021. The RTB have implemented a 10-step process outlining the new rules and requirements under the PDRTA for both landlords and tenants relating to tenancy terminations due to rent arrears during the period of 11 January and 12 July 2021. Failure to adhere to these steps will lead to a Notice of Termination being deemed invalid. Further details of the process can be found here: https://www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector/dealing-with-rent-arrears-after-the-emergency-period.
AHBs are encouraged to actively engage with their tenants throughout this period where there are concerns about payment of rent.
In accordance with the RTA 2020, NoTs can still be served, as usual, during an Emergency Period but a tenant cannot be made to leave their accommodation during an Emergency Period. The duration of any Emergency Period will not count as part of any termination notice period given. As such, the RTA 2020 introduces a revised termination date upon the expiry of any Emergency Period. The revised termination date factors in the Emergency Period plus an extra 10-day grace period. Effectively, a revised termination date will be calculated counting:
- all (or the remainder) of the original termination notice given;
- all (or the remainder) of the Emergency Period; and
- the 10-day grace period.
The earliest someone can be made to leave their accommodation is 10 days after the expiry date of an Emergency Period; in other words under the current scenario, 23rd April 2021
On 30 March 2021, the Residential Tenancies Act 202 introduced an amendment to the PDRTA to extend the application of the tenancy protections for a further three months from 13 April 2021 to 12 July 2021. As such, from 11 January to 12 July 2021 inclusive and subject to certain conditions, a 90-day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy.
The temporary prohibition on tenancy terminations is subject to a number of exceptions. This means that the temporary prohibitions on tenancy terminations taking effect will not apply in these cases. This applies where a tenant has failed to comply with their obligations, including:
- Anti-social behaviour; or
- Behaviour that invalidates a landlord’s insurance; or
- Use of the dwelling other than as a residential accommodation unit, without the landlord’s written consent; or
- Behaviour that threatens the dwelling.
In these instances, a landlord is entitled to serve a NoT to end the tenancy following usual rules.
For more information, please refer to the following document: https://www.rtb.ie/images/uploads/forms/RTB_FAQS_on_RTA_2020_Updated_April_2021_Final.pdf
It should be noted that, even in times of lower restrictions, where a tenant is in rent arrears as a result of Covid-19, the protections under the Residential Tenancies and Valuation Act 2020 apply.
A tenant will not acquire any security of tenure rights under Part 4 of the Residential Tenancies Act 2004 where a landlord could not give effect to a tenancy termination on foot of a tenant being allowed under the RTA 2020 to remain in occupation of a dwelling during the Emergency Period. This also applies to a Further Part 4 tenancy.
From the 16th March, all face to face hearings for RTB Adjudications and Tribunals were adjourned. Telephone Mediations are continuing as normal. Paper Based Adjudications (where an adjudicator reviews the case files without a hearing and liaises with all parties remotely) began in April and Telephone Tribunals resumed in June. The RTB are currently working towards virtual and a safe return to face to face hearings for both Adjudication and Tribunals.
Due to all RTB staff working from home and the government restrictions, cases have not been scheduled for a number of weeks leading to a backlog. As a result of this, the RTB have advised that there could be a delay of 6 to 8 weeks on top of the usual timeframes for their dispute resolution services.
It is clearly important that allocations of social housing in local authority and AHB housing continue to occur as they not only give a household a secure tenancy they also, in many cases, free up a private rented unit for another household. It is imperative that allocations continue to happen as long as compliance with HSE advice is possible and the guidance on the ICSH’s website is applicable in this regard.
It is noted that during this next six-week period ordinary allocations may be delayed, but it is important that urgent allocations proceed in order to support the immediate health and welfare of the persons involved. We would ask that AHBs stay in touch with local authorities and work together, as they did in the last lockdown, to prioritise urgent cases as identified by the local authorities. If any difficulties arise in terms of your staff being able to conduct this very important work, please advise us and we will work through any issues.
Allocations should continue if they involve moving people out of homeless or otherwise unstable or unsafe accommodation. For other allocations that you are unsure about continuing with, consult with the relevant local authority to ascertain if they are priority allocations that should proceed. With any allocations you may have concerns about, consult with the relevant local authority to determine if there are additional measures to be considered when organising an allocation. Housing associations should risk assess before carrying out any interviews for allocating new or void units in person and minimise the need for face to face interaction as much as is possible. Creative ways of carrying out interviews should be considered such as over Skype or other video messaging or over the phone. Consideration should also be given to the fact that new tenants may still find it a difficult time to move with reduced family/friend support and still a somewhat reduced access to goods or services. Each case should be looked at independently, having regard to the safety and stability of an applicant’s current housing situation and whether or not they are in an at-risk group. A full risk assessment should take place and social distancing and strict hygiene protocols should be followed at all times if carrying out interviews in person or during all aspects of the letting process.
Click here to download a guide on current practices being adopted by AHBs to ensure that they can continue allocating properties to priority households whilst maintaining safe social distancing practice (Dated 24th April 2020).
Under Level 5, no organised indoor activities can take place – this would include pre-tenancy training. When indoor activity resumes again, it should allow for physical distancing of 2 metres and have adequate ventilation if taking place indoors. Housing Associations should be mindful that people are being asked to limit the number of people they come in contact with and to keep the meeting timeframe to a minimum to reduce the possibility of Covid transfer. Details of all those present will be required for the purposes of a log and can serve as a contact tracing tool if someone present should become ill. It is however acknowledged that these guidelines could be difficult to follow in any organised indoor setting and other methods of pre-tenancy training should be explored where appropriate, such as online information sessions or delivered by post.
The supply and delivery of essential and emergency maintenance and repair services to businesses and places of residence (including electrical, gas, plumbing, glazing and roofing services) can be carried out at this time under Level 5. Please note additional information below on construction works permitted during this emergency period.
Tradespeople must adhere to the HSE guidelines on hygiene and social distancing. New measures have been implemented in order to carry out this work such as PPE acquiring and training or have other considerations such as childcare, responsibility for a vulnerable family member or even be at risk themselves, so we would advise you to speak with contractors to gauge your own capacity to deliver these services. You should signpost your contractors to the current government guidance available before providing a service to the AHB. Contractors must ensure they are following the guidelines for social distancing and hygiene and should also carry out a risk assessment of the situation and act accordingly. Details can be found here.
If a repair is required in a property where there is a suspected or confirmed case of Covid-19 or where someone is self-isolating, then the HSE should be contacted regarding best practice and in relation to protective equipment for any tradespeople. The HSE Live number is Callsave 1850 24 1850 / 041 6850300 and is manned 8am – 8pm Monday to Friday and 10am – 5pm Saturday and Sunday or via their website.
AHBs should consider putting up HSE posters in common areas with advice on social distancing and preventing the spread of COVID-19. These posters are available from the HSE website. Communication by notices posted to letterboxes, or posters erected in lobbies, halls, lift cars, and carparks may be most effective.
Depending on the level that your county is in, returning to workplaces and other activities may be resuming, therefore it might be worth reminding tenants of the House Rules, and that respect and consideration for neighbours will continue to help communities to continue to effectively work together during the pandemic. Email or written communication would be the most appropriate format for such a reminder.
Is Construction considered an Essential Service?
From 12 April 2021, all residential construction can resume, as well as early-learning and childcare projects.
Those aged 70 years and over and the medically vulnerable should continue to exercise judgement regarding the extent to which they engage with others and in activities outside home. It is recommended that they stay at home as much as possible, limit engagement to a very small network for short periods of time, while remaining physically distanced. When taking exercise outdoors, it is important to maintain 2 metres distance from others and wash hands on returning home. It is recommended to shop during designated hours only, while wearing a face covering, and to avoid public transport.
The Health Protection Surveillance Centre (HPSC) has issued various guidance documents for vulnerable groups such as people experiencing homelessness, Travellers, refugees and asylum seekers: https://www.hpsc.ie/a-z/respiratory/coronavirus/novelcoronavirus/guidance/vulnerablegroupsguidance/
The Garda National Protective Services Bureau (GNPSB) is overseeing the implementation of ‘Operation Faoisimh’, a proactive initiative, commenced as part of An Garda Síochána community engagement response to COVID-19, to ensure victims of domestic abuse are supported and protected in this extraordinary time. The initiative utilises the Garda Victim Services Offices nationwide to facilitate phone contact with previous victims of domestic abuse to ascertain any existing issues of concern and to ensure the protection of families. Any concerns will be immediately responded to by An Garda Síochána. An Garda Síochána is available to help and support anyone who is a victim of the crime of Domestic Abuse, they should contact their local Garda station or in an emergency call 999/112. More information on Operation Faoisimh is available here.
Safe Ireland is the national social change agency working with 38 domestic violence services across the country. Details of these services, inlcuding the freephone national helpline, are available here. https://www.safeireland.ie/get-help/where-to-find-help/
Many AHBs are still providing additional services to ensure their vulnerable tenants remain well and safe, for example grocery / prescription delivery, delivering meals, regular telephone contact, provision of hand sanitizer in communal areas etc. This is dependent on the availability of staff and resources in the AHB and guidelines for social distancing and hygiene should be strictly followed. There have been many reports of mental health issues arising due to isolation and restricted movement and these tenants should be supported as much as possible.
If you are notified of a tenant being diagnosed as positive for Covid-19 and they require your assistance, HSE and HPSC guidance should be adhered to. The HPSC guidance for dealing with Covid-19 in settings for vulnerable people sets out the following.
If the person feels unwell with symptoms of COVID-19 (e.g. cough, shortness of breath, difficulty breathing, high temperature) then they should:
- Isolate themselves (i.e. stay indoors and completely avoiding contact with other people or at least 1- 2 metres distance away from them)
- Testing should be arranged for them by contacting their GP. If they do not have a GP the ambulance service should be contacted on 112 or 999 to arrange testing. (The HSE is currently working on a streamlined care pathway to prioritise testing of patients in vulnerable groups)
- They should remain in isolation until the test results are back.
- They should not be visited by outside persons while they are in self-isolation.
AHBs that have confirmed cases of Covid-19 are generally carrying out additional services where needed by the tenant (groceries, prescriptions) and increasing the check-in contact with the tenant while they are in isolation to ensure their safety and well-being. You may also want to consider additional cleaning of communal areas where the affected tenant may have been.
In cases where positive Covid-19 cases have arisen in AHBs, the AHB has generally notified other tenants in the scheme of the occurrence of a case, with advice to be extra vigilant in accordance with HSE guidelines to avoid the spread of the virus. The diagnosed tenant’s name and details should not be disclosed in accordance with GDPR.
AHBs are continuing to be extra vigilant around cleaning in communal areas, particularly of frequently touched areas such as door handles, light switches and lifts, where applicable. Where possible, this should continue for the foreseeable future.
The current legislation does not specify if the landlord is responsible for this. ICSH is aware, however, of some AHBs who have arranged and paid for a deep clean of an affected tenant’s dwelling, as it is highly unlikely that a vulnerable tenant would be able to arrange/afford this. The approximate cost for this ranges from €200 to €300 per room. Deep cleaning of communal areas would be an additional cost.
The HPSC guidance on vulnerable groups has further guidance on cleaning of self-isolation units and communal areas. https://www.hpsc.ie/a-z/respiratory/coronavirus/novelcoronavirus/guidance/vulnerablegroupsguidance/
Under Level 5 restrictions, it is stipulated that no indoor gatherings should take place and you should contact the HSE in your area to determine what support services can still be provided under the current restrictions.
In relation to visiting long-term residential care facilities (nursing and care homes), residents may be facilitated to receive 2 visits per week on general compassionate grounds. This will be possible following two weeks after full vaccination of approximately 8 out of 10 of all residents and healthcare workers in the resideital setting. See the new guidance on visits to Long Term Residential Care Facilities (LTRCFs), which came into effect from 22 March 2021.
Under Level 5, visits to households (both indoors and outdoors in gardens) are not permitted except for essential family reasons such as providing care to children, elderly or vulnerable people, or as part of a support bubble. The concept of an extended household (or support bubble) is to support those who risk isolation, such as single adult households and those who have shared parenting or shared custody arrangements; those living alone who have mental health challenges, or those living with partner with dementia for example. Tenants should exercise their own responsibility in relation to the latest Government guidance. Housing Associations can provide updates to their tenants on the latest Government advice.
Can homeless services continue?
Yes, Homeless services (including homeless outreach services) are designated as essential services under level 5 restrictions.
The following guidance has been provided by Allianz, underwriters to the ICSH Group Insurance Scheme. As such, this guidance only applies to units covered under this scheme. Should you have an alternative insurer you should check directly with your provider about your cover during this time and any policy amendments that may be required.
Under the group insurance scheme Allianz have agreed to provide full cover without the weekly checks being carried out. Where possible, the unoccupied premises should be secured.
Allianz have extended insurance policies to cover employees working from home.
Under the Rental Housing Regulations 2019 gas, oil and electricity installations should be maintained in good repair and safe working order. If your annual service was due to take place during the lockdown, under the group insurance scheme, it is acceptable to postpone them. However, any concerns or potential leaks should still be reported to the authorities and servicing should be prioritised as soon as possible after the lockdown ends. We will monitor this area should the lockdown continue for a longer than expected period.
If a property is being allocated as a self-isolation unit during Covid 19 at the request of the HSE, then the HSE should be providing the insurances for these units and providing an indemnity to the AHB.
The Government’s Return to Work Safely Protocol provides information and support to employers and workers to put measures in place to help prevent the spread of Covid-19 in the workplace: https://dbei.gov.ie/en/Publications/Publication-files/Return-to-Work-Safely-Protocol.pdf
In conjunction with this, the Health and Safety Authority has provided templates and checklists for employees and workers for a safe return to work: https://www.hsa.ie/eng/topics/covid-19/covid-19_coronavirus.html
All employers must prepare and put systems and controls in place before they reopen their business and workplaces.
- Appoint at least one lead worker representative to make sure safety measures are in place and being followed.
- Update business and safety plans, including the business COVID-19 Response Plan, the occupational health and safety risk assessment and the safety statement. Include how to deal with a suspected case of COVID-19 in the safety plans and appoint a dedicated manager in charge of dealing with suspected cases.
- Develop, consult on, communicate and implement workplace changes or policies.
- Send out a pre-return to work form to employees at least 3 days before their return to work. The form will ask employees to confirm they have not had symptoms of COVID-19 in the past 14 days, have not been diagnosed or suspected of COVID-19 in the past 14 days, have not been in close contact with someone confirmed or suspected of COVID-19 in the past 14 days and are not self-isolating or cocooning. You can get a return to work form template from the HSA website. Note: Employers should not directly receive any test results from the HSE. Rather, the results should be provided to the person tested, who should then pass on the outcome to his or her employer.
- Provide COVID-19 induction training for all staff.
- Put in place temperature testing in line with public health advice.
The Citizens Information website has more information here: https://www.citizensinformation.ie/en/employment/return_to_work/returning_to_work_and_covid19.html#l17a59
Examples of protocols and policies that AHBs have put in place include:
- A return to Work form (to establish that the employee is healthy and well
- A close contact log
- Remote working / working from home policy
- Using public transport for work related business policy
- A workplace guide e.g. using the canteen, hygiene and cleaning measures
- Updating of GDPR policies to reflect new types of data processing
Yes, an employer should appoint at least one lead worker representative whose role is to work collaboratively with the employer to assist in the implementation of measures and monitor adherence to the measures to prevent the spread of COVID -19. The number of representatives appointed will, ideally, be proportionate to the number of workers in the workplace and these key personnel will be clearly identifiable in the workplace.
The person(s) undertaking the above role above must receive the necessary training and have a structured framework to follow within the organisation to be effective in preventing the spread of the virus. Employers will provide a COVID-19 induction training for all workers to help prevent and minimise the spread of Covid-19 in the workplace.
People should work from home unless absolutely necessary to attend in person or if they are providing an essential service for which their physical presence is required (click here for list of essential services). If you do need to travel to work, you should travel alone if using your personal car for work or at a maximum travel with one other passenger who should adhere to physical distancing guidelines as much as possible. Your employer should provide you with hand sanitisers and cleaning equipment for your work vehicle.
Under Level 5 restrictions the following applies in relation to public transport:
- Face coverings are mandatory and must be worn.
- Walk or cycle where possible.
- Public transport capacity will be restricted to 25%.
- Avoid public transport – essential workers and essential purposes only.