Introducing Divi

Landlords Property Access

There is some ambiguity regarding our rights to access tenanted properties. The law is clear in that we must allow you "quiet enjoyment" of your property. However, there may be times when we need to gain access and under the terms of your tenancy agreement, we are allowed to do this. The following page explains your rights and our rights with respect to accessing the property.

Tenancy Documents

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Landlords Access Rights

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Heating & Electrical Problems

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Reporting A Repair

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Damp & Condensation

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Ending A Tenancy

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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

By signing the Tenancy Agreement, you agreed to allow us to access the property by giving you the required notice and the required notice period. We are legally entitled to enter the property by seeking your approval and providing you with thr relevant notice.   We have a right to enter the property in cases of emergency. In an emergency, we or our representatives will need immediate access to your home. At such times, we do not need your permission to access the property.

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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
  • Flooding
  • 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. 

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 deliberatly delays access for us to conduct property viewings for our normal commerical activity for the purpose of re-letting the property, we will consider that we have been unfairly prevented from earning our normal income and we will seek recompense from the tenant (through the courts if necessary) for loss of earnings and our legal costs.

 

 

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