A Guide To A Landlord’s Right To Enter A Property

A landlord’s right to enter a property is dependent on receiving permission with 24 hours’ notice except in the event of emergencies such as a flood or a fire. As a landlord, it is your responsibility to provide notice and request access to the property when you need to, for example, conduct a boiler service or carry out any repairs.

In this guide, we will detail the process of entering a property, the tenant’s rights, emergency landlord access to a property, and how to handle any potential disputes over the landlord’s right to access the property.

Understanding a landlord’s right to enter a property

A landlord’s right to enter a property during tenancy is limited. You cannot turn up unannounced, and you must always seek permission and provide 24 hours’ notice under Section 11 of the Landlord and Tenant Act of 1985 before visiting the property. Make sure you agree on a suitable time and date with the client to ensure you maintain a good tenant-landlord relationship.

Reasons you might need to enter the property that does not classify as an emergency include some of the following:

• Inspections
• Maintenance and repairs
• Home tours for prospective tenants

Not only is it a legal requirement to provide notice to access a property, it is also important for maintaining a good relationship with your tenant and respecting their privacy. 

Tenant’s rights and obligations

A tenant has the right to live in the property undisturbed. This means that landlords aren’t entitled to walk in whenever they feel like it. If a landlord doesn’t abide by this, it would be a ‘derogation of grant’ and could be seen as harassment. 

Can a tenant refuse access?

Yes, tenants can refuse entry if they have not been given adequate notice; however, it will depend on the rights of access you have outlined in your tenancy agreement. If the tenant refuses access after having had notice and consent, then they could be in breach of contract and you could sue for damages, but you still can’t force your way into the property without consent. In most scenarios, it is in the best interest of the tenant to allow the landlord access to the property.

Landlord rights to enter a property

There are various reasons landlords may need to access their property, from carrying out repairs to conducting safety inspections. All landlords have the right to access their property once given the right to access from the tenant and ensuring the tenant has been given 24 hours’ notice. Here are some of the main reasons why a landlord might need to access a property: 

• Property viewings
• Safety Inspections
• Maintenance and repairs
• Inventory checks
• Property inspections 

These reasons do not constitute emergencies, and therefore a landlord will be required to seek permission from the tenant at least 24 hours before they want to enter the property. 

However, in the case of an emergency, a landlord’s right to enter the property without access is granted. An emergency is classified as an event that could risk life or cause severe property damage. Therefore a landlord can use their keys to access their property. Here are some examples of emergencies:

• Flood or fire
• Gas leak
• Structural damage
• Frozen water pipes
• Electrical faults
• Suspicion of a violent act or crime

These are just some examples of emergencies that would allow landlords access to the property without permission. Following the emergency, a landlord should provide written notice of the event and notify the tenant if they are not present. It is also recommended to take photographs of the damage to ensure the tenant doesn’t question the right to enter.

Dealing with landlord-tenant disputes over a landlords right to enter a property 

The most important part of understanding a landlord’s right to enter a property is maintaining a positive and strong relationship with your tenant. It’s important to attempt to mediate and resolve disputes over entry rights before taking any legal action. Here are some of the ways you can resolve disputes related to entry rights: 

• Communication: The best way to prevent disputes over landlord rights to access property is by maintaining open communication and agreeing on a mutually convenient time for accessing the property.

• Refer to the tenancy contract: Ensure both parties have read and understood the rights outlined in the tenancy agreement to prevent any misunderstanding over entry rights.

• Mediate: By mediating, you can resolve a dispute by allowing a third party to help both parties come to an agreement that benefits both of them.

• Legal action: If you cannot solve the dispute or the tenant is refusing landlord access to the property, you may have to consider taking legal action. You have the right to apply for a court order to access the property to carry out repairs.

Can I evict a tenant for refusing access to the property? 

While it is always best to resolve any disputes with your tenants, depending on your circumstances, you might be able to serve your tenant with an eviction notice. You can choose between serving a Section 21 notice. This asks your tenants to leave at the end of their tenancy. Or if you want to evict a tenant before the end of the tenancy, you can serve a Section 8 notice. This argues that your tenant has broken the tenancy agreement by refusing reasonable access to the property. This is often a last resort for the landlord and the tenant. It can be time-consuming, costly, and stressful for all parties involved.

Ultimately, the best way to prevent disputes is to keep an open line of communication between you and your tenant. This allows you to access the property when you need to and to respect the privacy of your tenant. 

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