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What are my rights as Landlord to access / enter my rental property?

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Author Topic: What are my rights as Landlord to access / enter my rental property?  (Read 188 times)
Newbie
Posts: 8

I like property

« on: August 21, 2021, 01:17:12 PM »

Hello all,

Please could I get your advice on the below?

Iíve made an appointment with to meet a Contractor at my rental property but outside, to discuss possible work in the garden. Meanwhile on a sperate issue, same date I also want to gain access to the property to review some damage in the bathroom.

I understand I have to legally provide 24 hoursí notice for needing access to the property. So after informing my Letting Agent of this (actually Iíve given a weeksí notice) theyíve sent a message to the tenants Ė but unsure if theyíve actually read it and therefore know about it. Tenants are very slow to respond to anything, if at all.

My questions are:

-If the tenants are not in, as Iíve given more than ample notice in writing, can I access my property without them being there using my own key?

-If the tenants are in and I knock on the door and they donít want me to enter, despite the notice, what happens then? I obviously wonít enter if you they donít want me to. But do I have the right to ask why?

-If I make a subsequent appointment and they donít let me in, what happens then?


The tenancy agreement says Landlord has right to enter with 24 hoursí notice, for inspections, to fix something etc. Or immediate access in an emergency.

And Iím aware the law says 24 hoursí notice is needed etc.
Global Moderator
Hero Member
Posts: 4236

Abuse Officer

« Reply #1 on: August 21, 2021, 03:56:21 PM »

What the law says and what your tenancy agreement says are the letter of the law. You're right. However, in practice, if you're in the situation where you go, and you meet the Tenants, who are inside, and they say that they don't want you in - you're not going to try and force your way in, are you? That would be silly, risky and an unnecessary escalation to boot.

In that case, though, I'd be certainly thinking about a Section 21 eviction... because, at that point, you realise your Landlord / Tenant relationship has broken-down (I'd say beyond repair).

Now... if the Tenants are not in, and you are sure the notice has been served (you can never ascertain whether it's been read or understood, can you, that's impossible) then you can enter. But - in my experience - I've never done that... I've always found a way to communicate with the Tenants and make sure that I know they know I'm coming. They can then choose to be in or out. I would recommend you put more effort into this aspect of it.

Likewise... why is there so much trust in the Agent here? I sense you take them at their word that they've passed it on... why?
Global Moderator
Hero Member
Posts: 1309

I like property

« Reply #2 on: August 21, 2021, 05:04:09 PM »

I assume that the agent has emailed or texted if you doubt if they have read it ? If you are worried you could put a note through the door if you are local,or in the post.If the tenants outright refuse access (rare in my experience) then serving notice, as said above, is the only realistic option.Whatever excuse is given,it usually means they are hiding something from you that you would not like.
Accidental Landlord
Jr. Member
Posts: 90

Just trying my best

« Reply #3 on: August 22, 2021, 12:37:31 PM »

It is certainly reasonable for you to assess the damage in your property and assuming your tenants want appropriate repairs done and you are obliged to carry them in a reasonable time frame, the expectation is that there is cooperation. If they refuse access then they will have less recourse later to complain about things not working etc The main thing is you do not want the damage to get any worse in time so I really would put in effort to communicate with the tenants and try to secure written agreement on the date given. Do not take the Agent's word they have passed the message on. You let the tenants know and give them the option that if they cannot be at the property whether they are happy for you to use your key to only inspect what is required. Follow up. If there is no response until the time you're there, I personally would NOT let myself in. I would restart getting written permission via your agent if they will let you have access at the next proposed date. Your agent should be following up with the tenants in this regard anyway. I would not look to keep these tenants if this is the situation with access.
« Last Edit: August 22, 2021, 12:39:19 PM by eps501 »
Newbie
Posts: 6

I like property

« Reply #4 on: August 30, 2021, 12:45:20 PM »

My tenant has refused access constantly despite giving more than adequate notice.  I have advised the council each time and was told that they can refuse on health ground and there is nothing you can do about it - this was pre covid.  Tradesmen have also been denied access despite  urgent works needed.  I have paid bills for tradesmen being refused entry.
Global Moderator
Hero Member
Posts: 1309

I like property

« Reply #5 on: August 30, 2021, 01:48:09 PM »

Hope you have served notice,or plan to asap ? I would be surprised if a landlord has ever been prosecuted for lawfully going in to attend to urgent repairs.This would be regarded as a civil issue surely. What is there was a gas leak for instance?
Newbie
Posts: 6

I like property

« Reply #6 on: August 30, 2021, 02:00:01 PM »

I have served notice, first time let it lapse because it was during lockdown.  Am currently waiting to hear from courts - not sure how long they take due to backlog.  In answer to your question gas safety was late last year as denied access - advised council.  I had to pay for elec cert twice because access denied.  I have paid for works and have been unable to ascertain exactly what has been undertaken.  Council are well aware of tenant and advise that I evict!
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