This month’s blog, “Guide to landlord access rights” contains everything you need to know about this important subject.
Did you know that, even in modern times, there are still landlords being sued for trespassing or illegal entry by their tenants? And that entering repeatedly without notice counts as unlawful harassment?
The truth is, it may be your property but you don’t have the right to come and go as you please, at least without some form of agreement with the people living there. It goes without saying that a rented property is still someone’s home – even if you have a significant, legitimate reason to access it.
To be fair, you know that WE KNOW you know that you already know this, if you see what we mean. However, for total clarity it’s worth bringing everything together in this one article.
Quiet Enjoyment
In your property, your tenants have the right to something rather quaintly named: quiet enjoyment.
This means they may live in their rented home without interference from a third party – for example, a letting agent or your good self. But, interestingly, you won’t see it in a tenancy agreement as it’s simply implied. (The other implied term is that you must maintain the property in good repair for human habitation.)
So what exactly IS the law here?
In brief, you must obtain your tenants’ consent before visiting. Don’t assume it’s OK; there’s a mile-wide gap between an actual agreement to something and conjecture. Should you or your lettings agency do this without consent, you will breach the tenancy. Therefore, you will be guilty of trespass.
Contractual Rights in your Tenancy Agreement
Here’s where working with an agency such as Property Moves will come into its own.
We can draw up a robust tenancy agreement to suit both parties and make your life easier. One that not only follows the Renters’ Rights Act, but that includes clear instructions to your tenants when they must provide access. Also, how they could be in breach of their contract, should they refuse to let you, a tradesperson or your agent through the door of the property – for whatever reason.
You could sue for damages here, but let’s avoid that at all costs. As with most things in life, a good working relationship is about positive communication, which we always promote.
Access for Repairs
As a landlord, you – and/or via someone you instruct, are obliged to maintain and repair the structure and exterior of the property (including the drains and gutters), the gas, electricity and water supply, and the installations for heating and heating water.
You also have the right to enter the property to assess what needs doing, which makes perfect sense. Here, you have to give your tenants at least 24 hours’ written notice, receive their consent, and ensure that it is at a reasonable time of the day.
The 24 hours’ notice rule also applies to:
Access for Safety Inspections
By law, there are three types of safety inspections that all rented UK properties must have and for which you are responsible:
- Gas safety inspections – every 12 months
- Electrical inspections – every five years
- Energy performance assessment – every ten years
General Property Inspections
The tenancy agreement will set out the terms of these. Generally, they’re every three months to start with, then the frequency drop off slightly, as a result of a trusting relationship with your tenants.
Viewings for New Tenants
If the tenant has given notice, it’s more than reasonable for them to give access to potential new renters to check out their new home. However, this may not be the best idea if you’ve given them notice. Although it goes without saying, do be sensitive to situations like these. Perhaps it may be best to wait until they vacate.
HMOs
Brighton and Hove is a mecca for students, all keen to set up home in a thriving university city. So, there’s a substantial student population out there.
As a landlord, the rules for Houses of Multiple Occupancy differ from the “norm” and are fairly stringent. You, or an authorised third party such as a cleaner, can enter shared spaces such as hallways, shared kitchens and bathrooms without notice – although good communication is expected and you’ll need to offer a clear reason. Indeed, you have an obligation to access the communal parts on a regular basis to ensure everything is safe and in good condition. Also, in an emergency (eg a gas leak) you can enter without notice. You can’t access a tenant’s bedroom without at least 24 hours’ notice (the “quiet enjoyment” rule applies again here).
Fortunately, there’s a simple solution:
Through a relatively simple room-only tenancy agreement, you can get to where you need to be, and do what you need to do without prior permission from your tenants. Each tenant is only given exclusive access to his or her rented room. Nevertheless, it’s still polite and reasonable to let them know when you or your agents will enter the property.
General Access in an Emergency
Moving away from HMOs, where there is a danger to life, or a threat to the structure of the property, you can enter without permission. Examples include:
- A strong smell of gas
- A fire
- Structural damage
- A serious concern for someone’s welfare
- A suspicion of a violent or criminal incident
Do make clear notes and obtain photographic evidence if you can, as well as any police incident numbers and signed statements from any contractors present. Doing this could prevent any legal comeback later on. A just-in-case measure, really.
When Your Tenants Refuse Entry
The people who live in your property are obliged to let third parties in to check if maintenance and repairs need doing. And if so, to allow for tradespeople to carry them out. You are in a stronger position here, as they will have signed a tenancy agreement to this effect.
Should entry be refused, the situation is uncomfortable, yet straightforward – they are in breach of contract. Here, you can let them know that they have broken their tenancy agreement and that you could sue them for damages.
NB: Entering their property in these circumstances is still a criminal offence. Here, we’d advise that you consider taking action to repossess the property, or seek to enforce their contract via an injunction. This situation and the outcome you can expect will depend on the seriousness of the repairs that you need to do.
The Bottom Line?
In summary, your tenants have the absolute legal right to prevent you and others from entering the property, most certainly without advance warning. With the exception of an emergency, any and all access to the property must be with their consent.
In this instance, and with all your tenancies, the solution should be a clear line of communication and firm, respectful boundaries between you and the people who rent from you.
Start as you mean to go on. And then – keep doing it.