Coronavirus Legal Help for Individuals

Can I create a will at home? 

You do not need a lawyer to make a legally binding will. Provided that you are over 18 and of sound mind, you can create a will as long as it is in writing and signed by you in the presence of two witnesses (in England and Wales) or one witness (in Scotland). You can make a Living will or a Last Will and testament with Rocket Lawyer. 

In England and Wales, your witnesses must be over 18, they must not be an executor or beneficiary of your will,  and they must not be related to you or to anyone mentioned in your Will as a beneficiary, either by marriage or civil partnership. In Scotland, your witnesses must be over 16 and have credible information of the testator’s identity at the time of signing. They must also not be blind or illiterate. For more information read Executing a will.

How do I store a will?

You can store your will with: 

• your solicitor

• a will writing service provider 

• the Probate Service

• banks

• at a secure location of your choice

For more information read Storing your will.

Can I use a power of attorney to manage my affairs during the pandemic?

A power of attorney deed can grant another person the ability to deal with your affairs (eg paying your bills) on your behalf if necessary. These powers can only be set up when you have mental capacity.

In England and Wales, there are two types of powers of attorney: the general power of attorney (POA) and the lasting power of attorney (LPA). A POA is normally used for one-off events and for short periods of time, while the person granting the POA is mentally capable of making their own decisions, while a LPA is meant to last indefinitely and designed for situations where you’ve lost the mental capacity to make decisions. For more information read Lasting powers of attorney and General powers of attorney. Make a POA or speak to a lawyer to create a LPA.

In Scotland, a Continuing Power of Attorney (CPA) is a power of attorney related to your financial/ property affairs while a Welfare Power of Attorney (WPA) authorises the attorney to make welfare decisions for you. For more information read Power of attorney in Scotland.

Are self-employed individuals entitled to sick pay?

Generally, employees are entitled to sick pay while self-employed individuals are not. This is because sick pay is paid by an employer. However, the Government has announced assistance for self-employed individuals affected by Covid-19, through the Self-Employment Income Support Scheme.

What is the Self-Employment Income Support Scheme?

This scheme allows self-employed individuals to claim a grant for a percentage of their profits (paid in one lump sum) for the next three months, capped at a specified amount. To be able to apply for grants 4 and 5 of this scheme, you must be self-employed or a member of a partnership and you:

• must have traded in 2019 and 2020 

• must have submitted your Income Tax Self Assessment by 2 March 2021

• are trading when you apply (or would be, if not for COVID-19)

• intend to continue trading

• have lost trading/partnership trading profit due to COVID-19

In addition, more than half of your income must be through self-employment and your profits from this self-employment must be less than £50,000 per year. Eligibility will be based on your 2019-2020 Self Assessment Tax Return.

Where you are not eligible for the SEISS based on your 2019-2020 Self Assessment Tax Return, the government will consider tax years 2016-2017, 2017-2018, 2018-2019 and 2019-2020.

The final SEISS grant covers the period of May to September 2021 and the amount available will be determined by a ‘turnover test.’ Individuals claiming the fifth grant whose turnover has fallen by 30% or more will receive 80% of three months average trading profits, capped at £7,500. Those whose turnover has fallen by less than 30% will only be eligible for 30% of three months average trading profits, capped at £2,850.

You will be able to apply online for this grant from late July 2021. For more information read the Government’s guidance, Self-Employment Income Support Scheme Grant Extension.

What if I’m self employed and require urgent financial assistance?

The Government has made it easier for individuals affected by Covid-19 to access benefits. Those individuals on Employment and Support Allowance (ESA) who are suffering from Covid-19 or are required to self-isolate, will be able to claim the allowance from day one, instead of having to wait for seven days.

Further, the minimum income floor has been temporarily removed from Universal Credit for self-employed individuals who have to self-isolate as a result of coronavirus. The minimum income floor is an assumed level of income, which takes into account how much an individual would normally be expected to earn in a month, when calculating their entitlement to Universal Credit. Not having this minimum income floor in place, means that self-employed individuals will be able to claim for time they spend off work due to sickness.

Self-employed individuals in need of financial assistance will be able to apply for Universal Credit over the phone, without the need of attending a jobcentre. 

Self-employed individuals who do not have enough money to live on while they wait for their first Universal Credit payment, can ask for an advance payment. This can be done online or through their Jobcentre Plus work coach. To apply, individuals will need to:

• explain why they need an advance

• verify their identity (either when they apply online or during their first phone appointment with their work coach)

• provide bank account details for the advance

For more guidance visit the government website.

I’m struggling to meet my Self-Assessment payments on account. Is help available?

If you’re due to pay a self-assessment payment on account by 31 July 2020 but won't be able to make the payment by that date due to Covid-19, then you may defer payment until January 2021. As of 24 September, this period has been extended by the Government. Those due to pay up to £30,000 in tax by 31 January 2021 will be able to use HMRC's 'Time to Pay' service to pay over an additional 12 months, meaning they won't need to pay in full until January 2022.

To defer these payments, you don't need to make an application.

During the deferral period, you can set up a budget payment plan to help you pay the deferred payment on account when it comes due. You can set up a payment plan by either setting one up online (via the GOV.UK website) or calling the Payment Support Service on 0300 200 3835 (Monday to Friday, 8am to 4pm).

Do I have to go to work during the pandemic?

From 19 July 2021, people in England will no longer be asked to work from home and employers will be able to start planning a safe return to the workplace. It is recommended that employers have a gradual return to the workplace (ie employees working in the office 2 days a week and working from home for the remaining 3 days per week).

Your employers should take necessary steps to ensure that the workplace follows the safety guidelines. Some steps that they may consider in order to reduce unnecessary contact include:

• using screen or barriers to separate staff

• grouping employees in fixed teams to reduce the number of people each worker has contact with 

• increasing the frequency of surface cleaning

It remains the case that if you are or a member of your household is experiencing symptoms of Coronavirus, you should self-isolate and shouldn’t go to work. 

Where your workplace is open but you don’t wish to go into the office, you should speak to your employer about the possibility of working remotely and make a Flexible working request. Employers should listen to employees who are worried about going to work and should take steps to protect everyone.

If you’re concerned that your employer isn’t taking all practical steps to promote social distancing, you should report to the local authority or the Health and Safety Executive. 

Please note that where you refuse to come to work without a valid reason, and do not wish to, or can't, take paid or unpaid leave, then you will not be entitled to sick pay and your employer may take disciplinary action against you.

I’m at risk of contracting the virus or living with vulnerable individuals, do I have to go back to work?

Previous advice, that millions of clinically extremely vulnerable people (eg individuals on immunosuppressant drugs) should shield, has ended.

Where you’re considered as a clinically vulnerable individual, you may continue to work from home, but if your job cannot be done remotely, your employer can ask you to return to the workplace. However, employers still have a responsibility to keep you safe, so you should raise any specific concerns you have about going back. Note that if you are disabled, your employer has an extra responsibility to make and pay for ‘reasonable adjustments’.

If you’re living with someone that’s clinically extremely vulnerable, you should notify your employer as they may take that into consideration when asking you to return to work.

I’m struggling to pay my rent. Can my landlord evict me?

While landlords are able to evict tenants due to non-payment of rent, eviction notice periods have been extended. From 1 June 2021, the eviction notice period in England will typically be four months, unless in extreme circumstances. The main exception to this is where the tenant is in more than four months' rent arrears and you wish to evict them using a section 8 notice. Where this is the case, you must give the tenant at least four weeks' notice. If the tenants don’t leave the property by the date specified in the notice, then you can apply to the court for a possession order. You can’t force your tenants to leave without a court order. From 1 August 2021, this notice period is expected to be reduced to two months’ notice for cases where there is less than four months’ unpaid rent. From 1 October 2021, notice periods are expected to return to the usual two months. 

In Wales, until 30 September 2021, you must typically give the tenants at least six months’ notice under the Coronavirus Act 2020.

Tenants will still need to pay their rent. If you are struggling to pay your rent, speak to your landlord and make them aware of the difficulties you are facing. Your landlord may agree to give you more time to pay your rent, or a rent reduction. Any agreement with your landlord should be put in writing. 

If a tenant falls into rent arrears tenants and landlords can agree a Rent repayment plan, based on the tenants’ individual circumstances.

Will the government help me pay my rent?

If you are claiming benefits and in rented accommodation, the government has announced a financial support package to be delivered through the current benefits system (ie housing benefit and Universal Credit).

My tenants are unable to pay their rent due to COVID-19, what can I do?

From 1 June 2021, landlords in England will generally need to give their tenants a minimum of 4 months’ eviction notice under the Coronavirus Act 2020. For more information, read Repossessing property-section 21 notices and Repossessing property-section 8 notices.

Landlords in Wales will generally need to give their tenants a minimum of 6 months’ eviction notice under the Coronavirus Act 2020. Legislation is expected to stay in place until 30 September 2021. For more information, read Repossessing property in Wales.

You could consider a temporary rent reduction or making a Rent repayment plan if your tenants are temporarily unable to pay the rent.

I am a lodger, what rules apply to me?

Lodgers are not covered by the same rules as tenants are (for further information, read Taking in a lodger). This means you may be at risk of being evicted during the Covid-19 epidemic.

Is there a Stamp Duty holiday?

In June 2020, the Government announced a temporary Stamp Duty Land Tax (SDLT) holiday to stimulate the property market. This holiday came to an end on 30 June 2021. However, a tapered relief will apply between 1 July and 30 September 2021. 

From 1 July 2021 until the end of September 2021 the nil rate band (ie SDLT charged at 0%) will apply to transactions of up to £250,000 only returning to a £125,000 threshold from 1 October 2021.

This means that between 1 July and 30 September 20201. These rates are as follows:

• any proportion of up to £250,000 = 3%
• any proportion between £250,001 and £925,000 = 8%
• any proportion between £925,001 to £1.5 million = 13%
• any proportion above £1.5 million = 15%

On 1 October 2021, SDLT rates are expected to revert to the previous figures.

I’m self-employed and cannot pay my income tax bill because of Covid-19. What can I do?

If you are self-employed, have already filed a Self Assessment, and owe less than £10,000 in income tax, you may be able to pay your tax bill in installments. You can do this by setting up a payment plan online. 

If you have missed a payment date or cannot set up a payment plan online, you should call HMRC’s Self Assessment helpline.

Can I still travel abroad?

If are travelling abroad, you should check for all up-to-date travel guidance on the Government website. You should also contact your insurer and ensure that you are covered for your travel.

If you have a holiday booked, check the guidance provided by your airline, travel agent or other holiday provider. You may be able to get a refund or re-book your holiday for a different time.

Where you are cancelling your holiday because you are directly affected by Covid-19 or because you are following the Government’s guidance, you should contact your travel insurer to see if your cancellation will be covered.

I have a flight coming up to return to the UK, what should I be aware of?

In February 2021, the Government announced that anyone entering England from a country on the red list has to quarantine for 10 days in a hotel that has been approved and is managed as a quarantine hotel. You will have to pay for the hotel yourself and are required to take a COVID-19 test on day 2 and on or after day 8 of quarantine. Countries can be added and taken off the list at any time at the Government’s discretion. 

If you are entering the UK from a country that is not on the red list, you must take a COVID-19 test and test negative during the three days before you enter the UK. When you arrive in the UK you must quarantine for 10 days and complete a passenger locator form providing details of where you will be quarantining. You are also required to take a COVID-19 test on day 2 and on or after day 8 of quarantine. More guidance is available on quarantining on arrival to the UK.

You should be mindful that different rules apply depending on which part of the UK you’re travelling to.

These rules apply to both residents and visitors travelling to the UK. If you refuse to provide contact details or to self-isolate, you may be fined or you may face further action. 

Those travelling from Ireland, the Channel Islands and the Isle of Man aren’t subject to these requirements. To see if you may be exempted, read the Government’s guidance for travellers exempt from UK border rules.

For more information, read the Government’s guidance on Entering the UK.