Landlords Access Rights
As landlords, there are times when we may need to gain access the property, whether it’s to perform routine inspections or carry out emergency work. As a Tenant, you have rights to “quiet enjoyment” of your property, which means that we cannot simply burst into the house or flat when we feel like it. The following explains why we may need access to the property and your rights as a tenant when granting us access.
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Landlords Property Access
You have the right to “quiet enjoyment of your property” but there may be times when we need to gain access……
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As landlords, there are times we are going to want to access the property, whether it’s to perform routine inspections or carry out emergency work. Under UK law, tenants enjoy what is called “the covenant for quiet enjoyment”, which means they’re entitled to live in a property without interference from their landlord, letting agent or anyone acting on their behalf. However, there are of course times when we will need to be able to access the property, and those times are covered under the following three stipulations:
Landlords Access Rights
Right To Inspect
We have a right to enter the property in order to assess for the state of repair and maintenance or to undertake legally required certification, such as Gas and Electrical Inspections. Preventing us from doing this may result in a dangerous applicance installation.
Right To Perform Repairs
Should any repairs be neeed, we will naturally require access in order to carry them out. This falls under the umbrella term of ‘reasonable access’, which also covers emergency situations such as (but not exhaustive):
- The smell of gas coming from the property
- Fire within the property
- Suspicion of criminal activity
- Structural damage that requires immediate attention
- Certification of Gas & Electrical Appliances
We would not expect tenants to withold access for the purpose of carrying out the above responsiblities and it would not be unreasonable to wonder why anyone would withold access for these purposes.
Access To Provide Services
The right to access to provide services is usually reserved for ongoing tasks such as cleaning or regular maintenance jobs like gardening when the rear of the property may be only accessible via the property.
In case of Emergency
Landlords have a right to enter the property in cases of emergency. In an emergency we will need immediate access to your home. At such times, we do not need your permission to access the property. This is very rare and usually only happens when safety issues are at stake.
Can Tenants Refuse Access ?
In 99% of cases a tenant refusing entry will usually boil down to convenience, or lack thereof and simply adjusting the time and date will be enough to gain access to the property.
Where a tenant continually refuses to give access to the property or where we believe that tenants are unreasonably witholding acceess, we may be led to believe that they are doing this to hide something from us; such as sub-letting the property or even a criminal activty and we will deal with this accordingly. Tenants are liable for costs if the property deteriorates because of our inability to gain access.
Where a tenant refuses access or deliberately delays access for us to conduct property viewings for our normal commercial activity for the purpose of re-letting the property, we will consider that we have been unfairly prevented from earning our commercial income and we will seek recompense from the tenant (through the courts if necessary) for loss of earnings and any legal costs incurred.