Landlord Rights To Access Their Property During a Tenancy

There will likely be times during a tenancy when you, or your agent, needs access to the property. This could be for repairs, legal obligations, or even viewings for new tenants.

However, it's important to remember that tenants have the right to peaceful enjoyment of their home (known as "exclusive possession"). This means they can refuse access in certain situations.

Trespassing on your property without permission is a criminal offence, and the tenant could take legal action against you.  Repeated attempts to enter without permission could also be considered harassment.

This guide will explain:

• When you can legally access the property
• How to get permission from your tenant
• What to do if your tenant refuses access
• Contractual Rights of Access

The best way to ensure access is to have a tenancy agreement that clearly outlines the reasons you might need to enter the property. This gives you a contractual right and provides clear instructions for the tenant.

A well-drafted tenancy agreement will specify this.  Having a clear agreement also means refusing access would be a breach of contract, potentially allowing you to claim damages.

Accessing with Tenant Permission

Even with contractual rights, it's always best to ask your tenant's permission before entering the property. This is especially important if you don't have an explicit right in the agreement.

Make Permission Clear

Don't assume permission has been granted.  If you plan to rely on their agreement, make sure they fully understand why you need access.

For extensive works, get written confirmation from the tenant. This should detail the work being done and the expected timeframe.

Access to Communal Areas in HMOs

For HMO (House in Multiple Occupation) managers, access to communal areas is crucial to fulfil management duties. Luckily, using room-only tenancy agreements means tenants only have exclusive possession of their room, not communal areas. This allows access without needing permission beforehand.

However, it's still good practice to inform tenants when you or your agents will be entering the property and to avoid unnecessary access.

Access for Repairs

The law implies three rights of access for repairs in every tenancy agreement:

Section 11 of the Landlord & Tenant Act 1985: This allows access to inspect the property's condition and state of repair. You must give written notice of at least 24 hours.

Homes (Fitness for Human Habitation) Act 2019: This grants access to inspect the property's condition and state of repair. Written notice of at least 24 hours is required.

Housing Act 1988: This implies a term that the tenant allows reasonable access for repairs. Similar provisions apply to regulated tenancies under the Rent Act 1977. Again, 24 hours' notice is needed.

Access for Improvements

There's a clear distinction between repairs and improvements. If you want access for improvements, you'll need to have it clearly stated in the tenancy agreement or rely on the tenant's permission.

What if the Tenant Refuses Access?

While refusing access is a breach of contract, entering without permission is a criminal offence.  Therefore, it's not advisable to enter the property if access is denied.

Here's what you can do:

Remind the Tenant of their Obligations: Inform them that refusing access is a breach of contract and could make them liable for any resulting damage.

Consider Legal Action: Depending on the urgency, you might consider repossessing the property or seeking an injunction to enforce the contract and gain access.

Access for Gas Safety Inspections

Obtaining access for gas safety inspections can be challenging in the social housing sector but less so in private rentals. While the regulations don't explicitly grant access rights, you can usually rely on clauses allowing access for repairs or the right under Section 11.

What if the Tenant Refuses Gas Safety Access?

The Health and Safety Executive has stated they won't prosecute landlords who make three genuine attempts to gain access for gas safety inspections.  However, this could prevent you from using a Section 21 notice if the certificate expires.

It's crucial to document each attempt to gain access and how the tenant refused.

Letting Viewings

Always seek permission from your tenant before arranging viewings. While the tenancy agreement might state they must provide access, it's usually easier to wait for the tenant to vacate the property before conducting viewings. Enforcing access clauses through court can be complex and expensive.