Myth or Fact? As a landlord, you can visit your rental property whenever you like

Thomas Eastment, Senior Legal Adviser at ARAG Law goes into more detail.

A landlord's right of access explained

It’s a myth that landlords can visit their rental property whenever they like. While landlords do have rights of access in certain circumstances, tenants are entitled to quiet enjoyment of their home and proper notice should usually be given before any visit.

Thomas Eastment, Senior Legal Adviser at ARAG Law goes into more detail.

Can a landlord legally enter a tenanted property whenever they want?

Landlords cannot enter an occupied rental property whenever they want.

A tenancy grants ‘exclusive possession’ meaning tenants can lawfully exclude visitors including the landlord. Moreover, a tenant’s right to quiet and peaceful enjoyment should not be unreasonably interfered with.

Landlords should be permitted access for repairs under Section 16 of the Housing Act 1988. This extends to the servicing of boilers, carbon monoxide and smoke alarms as well as electrical installations to comply with safety standards.

Additionally, landlords must remedy potential safety issues which can range from mould to structural issues. In these circumstances, visiting the property to assess and resolve the problem is not only acceptable but required by law.

How much notice must a landlord give before visiting a rental property?

Under Section 11 of the Landlord and Tenant Act 1985, a landlord must give at least 24 hours’ written notice. Written notice includes by letter, email or any method agreed in the tenancy agreement.

The visit must take place at a reasonable time of day. The legislation does not provide a definition, but this should be interpreted as standard business hours.

A tenant is entitled to ask the landlord to rearrange the visit if proper notice has not been given.

Are there situations when a landlord can enter without permission or notice?

Yes, but only in genuine emergencies. This could include:

• A fire
• A suspected gas leak
• A major water leak or flood
• Anything posing an immediate risk to life or serious damage to the property

In these circumstances, waiting for permission would not be safe or reasonable. If it is not a genuine emergency, the landlord must follow the proper notice rules.

What are the risks for a landlord who tries entering without permission or notice?

Tenants can claim damages for distress or inconvenience.

Unwanted, persistent communication may be considered harassment and entry without permission can amount to trespass. Doing either could constitute both criminal and civil proceedings against the landlord.

What can a landlord do if the tenant is refusing access?

Access requests should be communicated in writing, and any responses should be retained as evidence. That way, the landlord can evidence they are trying to proactively address an issue.

If a tenant is delaying or refusing access, a landlord can refer the matter to their local council. The housing authority or environmental health may appoint someone to contact the tenant directly.

Alternatively, a landlord can apply to the court to obtain an injunction requiring the tenant to allow access. Injunctions can be expensive and an applicant usually foots the bill, so this should always be a last resort. In these circumstances, it may be cheaper and quicker for a landlord to evict a tenant for breach of contract.

Disclaimer - all information in this article was correct at time of publishing.

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