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Can a Landlord Enter Their Tenanted Property in London?

When you rent out a property in the Hackney, Stratford and Plaistow areas, there’s a lot to learn. One question we’re often asked is whether a landlord can enter a rental property while tenants are renting it out. The short answer is that entering the property without following the correct process could put you on the wrong side of the law.

can landlords enter a property without permission

If you’re new to renting out property in the UK, you should know what the law says about a landlord’s right of entry. Even as the legal owner of the property, the landlord does not have the right to check up on tenants at any time. Respectful attitudes to access can also encourage a good working relationship between landlords and tenants.

To explain the official line on landlords’ right of entry, here are 10 things you might not know about the issue – and your tenant’s renter’s rights.

1. It’s Helpful To Check Your Tenancy Agreement

The tenancy agreement should make it clear that landlords must arrange a suitable time to gain access by sending written notice to the tenant. It can also stipulate how much notice will be given, and the occasions when you will expect to attend (e.g. health and safety inspections or maintenance). Avoid disputes by checking how often you expect to come round – you can’t drop in to inspect the property all the time. If you don’t respect the tenants’ rights, you could be guilty of harassment.

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2. Tenants Have The Right To ‘Quiet Enjoyment’ Of Their Home

After tenants have signed an assured shorthold tenancy, their ’right to quiet enjoyment of the property’ is enshrined in law under the Landlord and Tenant Act 1985. The landlord owns it, but tenants are paying rent for exclusive use and have the right to decide who comes in and when. If a landlord enters their tenants’ home without permission they are, technically, trespassing. This is true even if you have suspicions about the tenants subletting or keeping a pet without permission.

3. Landlord Have The Right Of Entry – But Subject To Written Notice

Landlords and letting agents do have a right to enter the property to fulfil their legal responsibilities. The Landlord And Tenant Act 1985 allows a landlord access to inspect the property, as long as they have given at least 24 hours’ advance notice, in writing, and that the proposed visit is at a reasonable time of entry. When giving notice, you need to state who will enter the property and why.

4. Tenants Can Refuse Entry If They Wish

If the landlord makes a written request to enter the property, tenants can refuse if it isn’t convenient, but they should try to make an alternative suggestion and come to an agreement. It is in the tenant’s best interests to allow the landlord access to carry out maintenance and repairs that will ensure their home is a safe and comfortable place to live.

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5. There Are Valid Reasons Why A Landlord May Wish To Access The Property

There are plenty of legitimate reasons why a landlord may wish to visit a tenanted property:

  1. For a regular inspection – you should inspect the property at reasonable intervals to check for damage or any issues which may deteriorate into an expensive repair.
  2. For repairs and maintenance – the landlord is responsible for maintenance and repairs to the property if tenants report a problem or an inspection brings one to light.
  3. To carry out an annual gas safety check – this is a legal requirement for all landlords.
  4. To conduct viewings near the end of the tenancy – if your tenants have given notice to leave, you will need to find a new tenant, so asking to show people round is a reasonable request.
  5. To complete EPC/EICR inspections – landlords are legally required to have valid energy performance certificates and electrical installation condition reports, so tenants must allow the landlord to enter when these are due for renewal.
can landlord enter property

6. A Landlord Can Enter The Property In An Emergency Situation – Without Giving Notice In Exceptional Cases

In a genuine emergency, a landlord may require immediate access to the property. In these circumstances, you don’t need the tenants’ permission to access the property.

These types of emergencies include:

  • Fire, smoke or a burning smell that could indicate that there is a fire in the property.
  • Signs of a flood, for example, if a downstairs neighbour reports water leaking into their property.
  • A smell of gas that could be caused by a gas leak.
  • Dangerous structural damage.
  • Suspicion that a violent or criminal act has taken place.

Landlords must be able to justify the reason for entering the property, and routine repairs would not be classed as a valid reason for gaining access. If there is a genuine concern for the safety of the tenant or a significant risk to the property, the landlord may enter with a justifiable reason.

7. Tenants Are Allowed To Change The Locks If They Wish

Your tenants’ right of exclusivity means that, in law, they may change the locks to your rental property. They don’t need to give a set of keys to the landlord unless it is stated in the tenancy agreement. However, it will usually make life easier if they give you a set of keys to access the property in an emergency, for prearranged inspections and repairs when the tenants are not at home, or in case they lock themselves out. Equally, landlords cannot change the locks if, for example, the tenant is in arrears.

8. Harassing Tenants Is An Offence Under The Housing Act 1988

Most landlords are fair and reasonable to deal with. However, a landlord who is visiting too frequently, at unsocial hours, or entering the property when tenants are out without permission may be acting illegally.

Your tenants can act if they feel like you’re putting them under pressure. Harassing tenants is an offence under the Housing Act 1988, and they can seek legal advice or contact Citizens Advice to resolve the issue.

9. Landlords Can Take Legal Action To Enter The Property (If Reasonable)

If the tenants refuse access to carry out the repairs or other legitimate reasons, they’re breaking the terms of the tenancy agreement, and landlords can apply for a court injunction. However, before you go down this route, try a more amicable approach to help come to a mutual agreement.

First, send written notice explaining that you require access to the property. It is important to explain the reason why access is required, for example, to perform safety checks that will help to protect the tenant from any hazards.

You could refer to the landlord’s legal obligation to keep the property in a good state of repair and access is therefore required for an inspection or to conduct necessary repairs.

If this is not successful, send another communication stating that if the tenant refuses access to the property persistently, they are breaching their contract.

Then, if this approach does not work, landlords can apply for a court injunction, or issue a Section 8 or Section 21 notice to start eviction proceedings if they feel it is necessary.

Want to become a more informed landlord? Discover what subletting is and what to do if a tenant reference check fails.

10. Landlord Access For End Of Tenancy Viewings

Another situation where a landlord may need access to the property is towards the end of the tenancy to show prospective new tenants the property. Even if there is a viewings clause within the tenancy agreement, tenants have the right to refuse viewings if they are not convenient for them.

The landlord is required to provide 24 hours’ written notice of any viewings, and the tenant must consent to the viewing for the landlord to enter the property. It will help to contact the tenant in advance of making viewing arrangements to check which days and times would be more suitable for the tenant.

Frequently Asked Questions

We are often asked these questions about landlord right of entry rules:

What about HMO landlord access to property?

The landlord can enter common areas of a shared house such as the kitchen or bathroom, but only with justification such as to conduct property management duties. If you have a room only tenancy agreement, both landlords and tenants have the right to access communal areas without requesting permission from other tenants.

However, it is still courteous to provide tenants with notice that you will be entering the property, especially if you will be making noisy repairs or if you will be there for an extended period of time.
You can’t enter a tenant’s room without requesting access, except in a genuine emergency.

Can a landlord enter a tenant’s garden without permission?

You can’t gain access to a property’s garden without asking the tenants’ permission. If a private front or back garden is included in the tenancy, the landlord must give 24 hours’ notice to enter as they would to enter the house itself.

We Can Help

If you’re looking to rent out a property in east London areas including Romford, Barking and Enfield, Sandra Davidson can advise you about your rights as a landlord and the services we provide. Contact us today to find out more.

Looking for a stress-free lettings solution? Then explore our guaranteed rent services in Croydon, Bexley, Dartford, Maidstone, Canterbury & beyond.

Azeem S.

I began as a junior apprentice in a corporate estate agents in 2006 have been working in the property sector since, so over 14 years of experience. I have worked in a range of industries from Property sales and lettings, to construction, development, commercial sales and lets as well as facilities management and maintenance. I have a degree in Economics, enjoy keeping fit and healthy, support Man Utd and have a young family.

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