Can you access your rental property if your tenants haven’t authorised it?

As a property manager, you will occasionally require access to visit and inspect the rental properties you are managing.

Landlords have a legal requirement to arrange gas and electrical safety inspections.  They must ensure that the property is in good condition, and if necessary, make arrangements for repairs or any other required work to be done, if there are any problems. Properties must be maintained in a state of repair which is fit for habitation.

However, there are times when the tenant refuses to allow access which can be problematic.

It could be that the time of the inspection is inconvenient and should be rearranged to a date which suits the tenant.

But it could be because of another reason, such as criminal activity taking place, damage to the property or some other terms of the tenancy being breached.

A property inspection could reveal evidence of unauthorised subletting. There may be more beds than number of tenants on the agreement, or post addressed to someone who is not the named tenant. If there are unauthorised occupiers, then landlords need to be aware, as they could be unknowingly in breach of licensing rules.

The tenant could be using the property for illegal purposes. It is not unheard of for a landlord to discover that the full property has been ripped out and the tenant has set up a cannabis farm. For any poor landlord this can be disastrous as the tenant has usually obtained a fake identity, and there is no way to pursue them for the thousands of pounds worth of damage to the property.

The tenancy agreement will usually have a clause that stipulates that the tenant must allow access to the property with a certain amount of notice. The law also provides that it is an implied term in tenancy agreements for a landlord to have access to the property for the purpose of viewing the condition and state of repair upon giving 24 hours-notice in writing to the tenant.

If a tenant refuses access to the property, it is a breach of contract but still does not entitle a landlord to enter. Landlords must be very careful as entering without permission is trespass and harassment and could entitle the tenant to claim compensation against the landlord.  This is because the tenant has a right to ‘quiet enjoyment’ in the property.

There will be circumstances where further action may need to be taken if permission for access is refused.

For example the landlord could require access to complete a gas safety inspection. The inspection is for the tenant’s own safety, therefore this should be communicated clearly to the tenant. The landlord could also seek to obtain an injunction for access through the courts. If a tenant isn’t allowing access into a property, it is advisable to keep a log of all requests made. Landlords and agents should be able to evidence that they have taken all reasonable steps to comply with the law in respect of gas safety checks and HSE inspectors will look for repeated attempts to complete the checks.

If the tenant persistently refuses access, a landlord may also consider eviction proceedings. There is a ground for possession for breaching the terms of the tenancy agreement, however this is a discretionary ground which means it will be left to the Judge to determine whether possession should be awarded.

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