Tenants may not allow access for many reasons. It may be that the tenant is in arrears, they could be subletting, or neglecting the upkeep of the property, therefore, they want to avoid any contact with the landlord or letting agent.
A landlord or letting agent cannot force entry or turn up at the property without prior arrangement and agreement (unless in an emergency) and must provide the tenants with the required notice period as stated in the tenancy agreement and only visit at a reasonable time of day.
What rights of access does a landlord have?
Tenants have a right to quiet enjoyment of a property, which means they have a right to use the property without disturbance or interference from the landlord or letting agent.
Access to the property is required in certain circumstances such as carrying out repairs or complying with their other obligations required of the tenancy such as gas and electrical safety checks.
In most cases, there is contractual right to access the property, which is typically outlined in the tenancy agreement. The agreement may state that the tenant must grant access, given a certain period of advance notice.
Additionally, there is an implied right of access established by law, which automatically applies to any tenancy agreement. Under Section 11 of the Landlord and Tenant Act 1985, and the Homes (Fitness for Human Habitation) Act 2018, landlords and letting agents have the right to access the property for the purpose of inspecting its condition and state of repair. However, they must provide at least 24 hours of written notice before doing so.
This legal framework ensures a balance between the tenant’s right to quiet enjoyment and the landlord’s need to fulfil their responsibilities and maintain the property in proper condition. It’s crucial for both parties to understand and respect these rights to maintain a harmonious landlord-tenant relationship.
What can I do if my tenant refuses access to carry out repairs?
If a tenant refuses to grant access for necessary repairs, this action would indeed be considered a breach of their tenancy agreement, provided there is a relevant clause outlining the right to access the property for repairs or inspections. In such a situation, the following steps are recommended:
Written Communication: A formal letter to the tenant, clearly stating that they are in breach of the tenancy agreement by not allowing access for repairs. The letter should also emphasise that the tenant will be held liable for any deterioration in the property resulting from their failure to permit access.
Contact the Local Authority: If there are health and safety concerns or potential hazards arising from the lack of access, it’s advisable to get in touch with the Local Authority as they may be able to mediate the situation.
Consider Court Injunction: Depending on the severity of the repairs needed and the importance of gaining access, the landlord can seek an injunction from the court to obtain access to the property. However, this can be a costly process, and there is no guarantee of recovering the expenses from the tenant.
Grounds for Possession: While there is a current ground for possession due to breach of contract, it remains a discretionary ground. This means that the landlord must provide evidence of their attempts to gain access, the tenant’s response or lack thereof, and detailed information about the required repairs and their importance.
Considering the rental reforms bill and the potential abolition of Section 21 Notices, maintaining a clear paper trail and gathering evidence will become even more critical for landlords and letting agents facing access issues with tenants.
What if a tenant refuses access to carry out a gas safety check?
We recommend writing to the tenant to advise that the gas safety check is for their own safety and is a legal requirement.
If the tenant still refuses access to do a gas safety check, it is important to keep a record of written requests to the tenant requesting access. The Health and Safety Executive will look for repeated attempts to complete the checks so you must be able to evidence this.
Overall, it’s essential for landlords to adhere to proper legal procedures, document all communication and actions taken, and seek professional advice if needed. The landlord-tenant relationship can be delicate, and resolving such disputes requires careful handling to ensure the rights and responsibilities of both parties are upheld.
What if a tenant refuses access to carry out a gas safety check?
Our legal partners Woodstock Legal Services are experts in property law and can assist landlords and agents with tenants refusing access. Their services, include assistance with writing letters to demonstrate attempts at access and, if needed, obtaining injunctions or pursuing evictions through the courts. Visit www.woodstocklegalservices.co.uk or call 0330 088 5792 to speak with a member of the team.
By Lisa Etherton
