Jun 23, 2020

When can Landlords Legally Enter a Tenanted Property?

Conducting property inspections is an essential part of being a responsible and savvy landlord. Not only are you obliged to carry out repairs as and when they are needed but you should be keeping an eye on how your tenants are taking care of the property too. However, even though you own the property, you don’t have an automatic right of access, except in a few specific circumstances.

It’s very important to stay on the right side of the law. Landlords are not able to gain entry to a rental property without obtaining permission from the tenant.

In this article, we’re going to discuss the rules relating to rental property access. Read on to find out when and why you can enter your rental property when you have tenants living there.

A landlord’s Rights of Access

Landlords have some rights of access, as per the Housing Act 1988, but there are key rules to follow.

You must give your tenants a minimum of 24-hours’ notice if you want access to the property for any non-emergency reason but be aware that you must have a genuine reason to ask for access.

Landlords can give notice by various means:

Text message
Email
Phone call
In-person

Whichever way you choose to give notice, make sure the tenant has agreed to receive notice this way. Keep a record of them giving permission (in writing), in case of any disputes later.

If you show up unexpectedly, tenants have the right to turn you away. You must schedule a visit during “reasonable hours”, and by reasonable, we mean reasonable to your tenants. So, if your tenant works nights, work out a suitable time to visit that won’t impact their sleep patterns.

A notice period gives tenants a chance to ensure the property is ready for you and for them to make arrangements to be in the property for your visit if they want to be. It also means that you can arrange a time that is suitable for the tenant and you aren’t interrupting at a time when they might be sleeping, in work or have guests over etc.

It’s likely that you have a key to the property, but don’t make the mistake of letting yourself in, even if you are certain the property is empty. This is strictly against the law unless it is legitimately an emergency.

Access to Carry out Repairs

Landlords have a responsibility to carry out repairs. As such, all assured tenancy agreements include a clause that states tenants must let the landlord or his agent access the property to make repairs. However, you must still give notice, as stated above.

Essential Legal Checks You can Request Access For

As a responsible landlord, you have the right to access the property to ensure it’s safe. Landlords can request access to their properties to check the following:

Smoke and CO alarms
Heating appliances
Electrics
Fire safety equipment

Since scheduling events like a boiler service are a statutory requirement for landlords, it’s wise to plan in advance, so you can organise an appointment for a contractor to visit that is acceptable to your tenant.

If you have trouble accessing the property, keep a record of all communication with the tenant. This will show you took all reasonable steps to maintain the property in the event you are sued or served an improvement notice etc.

Emergency Access

Landlords can access a rental property in an emergency, without first seeking consent from the tenant. Examples of emergency scenarios include:

A neighbour reports water pouring through their ceiling from your flat upstairs.
A neighbour reports a nasty smell of decay and you can’t get hold of the tenant
There is a fire or a gas leak in the property
You strongly suspect the tenant is doing something illegal
You need to carry out urgent structural repairs to the property

This is not an exhaustive list, so use your best judgement and be prepared to justify your need to access the property, in the event the tenant makes an official complaint.

Tenants Have the Right to “Quiet Enjoyment”

In most standard tenancy agreements, there is a covenant that states tenants have the right to “quiet enjoyment”. Even if the covenant is not there, it is implied by law.

In simple terms, this covenant means tenants have the right to enjoy living in your property without being bugged by their landlord or the landlord’s agent.

A Tenant’s Right to Refuse Access

While you have the right to request access to your property, tenants have the right to say “no” to any request. Remember a convenient time for you to visit might not be convenient for them. Be mindful of the hours they work and other factors. Do your best to fit in with their schedule, even if the time they suggest does not fit in with your working hours.

It’s very important to maintain a good working relationship with your tenants. Being flexible about visiting times is all part of the process.

Ideally, when you want to schedule a visit to the property, whether it’s a routine property inspection or a safety check, offer the tenant several times and days, so they can choose the most convenient one. If they still refuse, ask them to suggest a time and day that suits them.

What Happens When a Tenant Refuses Access to the Property?

Unfortunately, as tenants are not obliged to give you access, there might come a time when you end up struggling to gain access to your property even having followed all of the rules and having repeatedly requested access in accordance with the law.

It’s in your interests to try and negotiate entry, especially if the boiler needs servicing or you want to fix an issue with the plumbing or any other health and safety related issues.

Always keep a record of all communications between you and the tenant and ensure you remain professional. Try and negotiate an access time that works for you both.

If all else fails and the tenant continues to refuse you access to the property for any reason, you may have no choice but to serve an eviction notice or seek a court order to gain access. Naturally this isn’t ideal for anyone, so try all other avenues first.

Recovering Costs When a Tenant Refuses Entry

If your tenant has refused to give you access and their actions are judged “unreasonable”, you can seek to recover costs from them. The law states this is your right.

Do Tenants Have the Right to Change the Locks?

It’s a grey area but in some instances, yes. Most tenants won’t do this as in the ordinary course of things there is no real reason. If a tenant feels threatened in any way they are within their rights to change the locks.

If a tenant does change the locks without permission, they will need to justify their actions if the case ends up in adjudication. Some examples of when a tenant is justified in changing the locks include the following:

A tenant feels they have been harassed by a landlord and has changed the locks to make themselves feel safe from unwanted attention
A landlord is slow to change the locks after a burglary or the keys were stolen
A landlord persists in entering the property without permission

Take Legal Advice if You Have Issues Gaining Access

This article aims to offer general advice, but it’s always best to seek legal advice from a lawyer if you are having problems accessing a rental property or you are not sure whether you have the right to enter. If you do the wrong thing, it will end badly, so think before you act.

As always, if you think we have missed anything or would like to tell us more about your experiences, please get in touch. You can reach out to us on Facebook or Twitter.