If you’re a residential landlord, you may want to access your property for multiple valid reasons.
When given notice, most reasonable tenants will happily grant you access to inspect the property.
Unfortunately, that’s not always the case.
What legal recourse do you have if a tenant refuses to give you or your representative access for inspection?
You may be surprised to learn that there is very little you can do in these circumstances.
You need to exercise caution before taking steps that might create considerably broader risks and issues for you as a landlord in the long term.
Learn more here.
When Does a Landlord Have the Right To Enter a Property?
Most renters in England have an Assured Shorthold Tenancy (AST).
The laws regarding your right to access may vary if your tenant doesn’t have a standard AST, for example, if they are a lodger or the rental property is not the renter’s primary residence.
It’s essential that you follow the legal procedure to gain access to your rented property.
If you don’t have tenant permission to enter the property, you may be liable for harassment or trespass — both highly undesirable outcomes.
Most tenancy agreements or leases specify the procedure and grounds for requesting access to the property.
If you don’t have a formal AST agreement in place, you must give the tenant at least 24 hours written notice of your intention to inspect.
Unlike claims for possession and evictions, which require a strict procedure that includes Section 8 and/or Section 21 notices, a notice of request for access may be delivered via email, text message, or written note/letter, and there is no prescribed form.
Valid reasons to schedule an inspection include:
- Checking property condition
- Ensuring there are no breaches of the tenancy agreement
- Identifying maintenance issues
- Safety checks
- Repairs
- Gas safety inspection
- EICR tests
- Showing the property to prospective buyers or tenants
- Checking for tenant damages
- End of tenancy inspection for deposit deductions
No matter what your reasons for wishing to gain access, remember that your tenant has the right to refuse it.
Understandably, many tenants would prefer to be present when you or a representative inspect the property, no matter the reason.
Often, it’s simply a matter of rescheduling the inspection for a time that’s mutually convenient.
The Landlord and Tenant Act 1985 gives your tenant a right to “quiet enjoyment” of the property. Under an AST, the tenant also has the right to “exclusive possession” of the property.
Respect this when contacting a tenant to gain access.
Otherwise, you may be accused of harassment.
What if a Tenant Will Not Allow Access for Inspection?
If all reasonable attempts to gain access to your property for inspection fail due to refusal or a lack of response from your tenant, there are additional steps you can take.
Again, you must tread carefully, or you could be liable for harassment or trespassing.
A landlord’s right to access for repairs is covered under multiple laws, including:
- Section 11 of the Landlord & Tenant Act 1985
- Housing Act 1988
- Homes (Fitness for Human Habitation) Act 2019
It’s always best to rely on a well-drafted tenancy agreement in case of disputes rather than depending on statute to guarantee your right to access.
If the tenant is in breach of a term of the tenancy agreement, you could serve a Section 8 notice, relying on Ground 12 in Schedule 2 of the Housing Act 1988, which provides that any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
However, as this is a discretionary ground, obtaining possession based on it alone would be difficult.
In some circumstances, you may apply to the court for a breach of contract injunction that enables gaining access to the property.
This is relatively rare, however, and likely to be costly.
You will need to show good cause to be granted an injunction in these circumstances, but concerns regarding safety might be sufficient.
Even if you don’t have a written tenancy agreement, there are legal avenues you can pursue.
If, after you’ve exhausted all attempts at resolution, your tenant still refuses to grant access — or fails to grant access — your only recourse may be to commence a Section 8 and/or Section 21 possession claim and proceed towards eviction.
Only a court order can empower the bailiffs or other court officers to enter a rental property without the tenant’s permission.
Access for Gas Safety or EICR checks
The tenant refusing access is not a legal excuse for failing to carry out the annual gas safety check and/or the Electrical Installation Condition Report when that falls due.
If a tenant refuses access in these circumstances, it is important to show that you have done everything you can to gain access for the check.
Write to the tenant, documenting the legal necessity for the check and its importance for the tenant’s safety.
It’s advisable to write requesting access at least three times.
Keep a record of all requests and the tenant’s response.
You can seek a court injunction as above if access is still denied.
Frequently Asked Questions
Can Tenants Say No to a Property Inspection?
Yes, in the short term. AST tenants typically have rights to ‘exclusive possession’ and ‘quiet enjoyment’ of rental property. However, landlords have significant latitude for gaining access with written notice for various reasons, regardless of whether the process is specified in a tenancy agreement. It’s essential not to enter a property without the tenant’s permission. Otherwise, landlords open themselves up to charges of trespass or harassment.
Need Advice? Contact Helix Law.
Residential landlord/tenant disputes are all too common.
Our property litigation team have strength in depth and acts in a broad range of property disputes and litigation including AST disputes, across the country.
We typically act for landlords — not tenants.
A written notice, particularly when sent by solicitors, might be sufficient if you need to gain access to your rental property for legitimate reasons, such as inspection or repairs.
A solicitor’s letter alerts the tenant that the matter will likely escalate further if there is a continuing failure to engage.
The best way to protect yourself from AST disputes is by having a well-drafted tenancy agreement in place from the outset.
If you’re having trouble gaining access to your residential property for inspections or repairs — or need advice on how to best resolve a dispute, don’t hesitate to get in touch.
We also offer fixed-fee Section 8 and/or Section 21 eviction services for landlords.
Helix handles the entire process, saving you time, money, and aggravation.
We aim to respond to all queries within an hour.