Summary
- The right of exclusive possession
- Landlord’s right to enter
- When a tenant refuses to allow a landlord to access their property
- Expert legal advice
Occasionally, a landlord may wish to enter their property during the term of the tenancy. We take a look at when this is permitted and whether a tenant can refuse access.
When a tenant rents a property, they have an implied right to quiet enjoyment of that property. In some leases, this right will be expressly included, but even if it is not set out in writing a tenant can still expect to have exclusive possession where they have a valid lease.
There may be occasions when a landlord has a good reason for asking to enter a property. Examples include:
- Inspecting the condition of the property to assess the need for repairs or maintenance;
- Inspection of the gas and/or electrical installations;
- To carry out repairs or maintenance or to allow workmen to enter;
- Entry in an emergency to carry out work that will prevent the property from sustaining damage;
- To carry out viewings for potential new tenants at the end of a tenancy.
The right of exclusive possession
Because a tenant with a lease has the right of exclusive possession of a property, a landlord cannot simply turn up and expect to be allowed to enter, even if they have a good reason for doing so.
While a landlord does have some rights of access, there are rules that must be observed. Firstly, the tenant must be given at least 24 hours’ notice and the reason for requiring access must be genuine. Notice can be given in writing, in person or by text or phone. The landlord should keep a copy of this notice for their records.
The time of the visit should be reasonable to the tenant. The landlord should not use their key to let themselves in but should ask the tenant to grant them access.
Landlord’s right to enter
A landlord does have the right to access their property to carry out inspections and work to ensure that the property meets adequate safety standards. This includes inspections and work done to the gas and heating system, electrical inspections and fire safety checks, including maintenance of smoke and carbon monoxide alarms.
In an emergency, a landlord can enter without consent, but this must be a genuine emergency such as a fire, gas leak, water pouring into a neighbouring property or where urgent structural work is required.
When a tenant refuses to allow a landlord to access their property
A tenant is not obliged to grant access to a landlord and occasionally there may be a case where a tenant simply refuses to allow reasonable access for a genuine reason.
Wherever possible, it is advisable to try and negotiate access and keep the relationship amicable.
As a landlord, you can try sending two more notices to the tenants repeating your request. You should include the reason you are asking for access as well as a note of the date and time that you would like to attend. You can also ask the tenant to suggest a date and time that would suit them.
If you require access for workmen, let the tenant know the name of the company they will be from and what work they will be carrying out.
If the lease contains a provision allowing reasonable access, then you can refer to this clause. You can also advise the tenant that they will become liable for any costs incurred if workmen are unable to gain access to the property in breach of the conditions of the lease.
A final notice can be sent seven days after the second notice. All of the same information should be included and you can advise the tenant that it is a breach of the terms of their lease to refuse reasonable access. If access is still denied, then it will be open to you to ask the court for an injunction allowing you to enter the property, although this is generally only advisable as a last resort.
Expert legal advice
It is always recommended that a landlord seek legal advice from an expert commercial property solicitor if any difficulties are experienced in gaining access. As there is no implied right of entry, if mistakes are made in the process of requesting access, then a landlord may find themselves guilty of trespass. This is the case in respect of both commercial and residential property.
A commercial property lawyer may be able to negotiate access and will be able to advise you of your rights under your lease and suggest ways of dealing with the situation without the need to resort to formal legal action.
For information about dealing with a legal disagreement without the need for litigation, see our article on commercial dispute resolution.
Contact us
At Witan Solicitors we advise and represent both landlords and tenants and we are experts in commercial property dispute resolution, as well as civil property dispute resolution.
If you are experiencing difficulties with your tenants or landlord, speak to our dispute resolution solicitors in London, Birmingham and Northampton at info@witansolicitors.co.uk. Alternatively, you can fill in our contact form and we’ll get back to you as soon as possible.
