Many landlords wrongly believe that they can enter a rental property they own without the tenants’ permission.
Tenants have the right to quiet enjoyment, meaning they can live in their rented property without unwarranted interference from landlords.
But there are clear rules and regulations that set out when a landlord can, and cannot, enter a property and whether they need tenants’ permission (or not) to do so.
Below is our guide for tenants. But remember that these are the minimum legal requirements – tenants and landlords who have established a good working relationship may have a more flexible and practical approach to landlord access to rental property.
The big take-away is that in most circumstances a landlord cannot enter a property without agreement from the tenant. And If the landlord ignores the law and enters the property without permission, the tenant may be able to claim damages or gain an injunction to prevent the landlord doing it again.
Landlords letting themselves in
“Landlords often think that because they own the property they have the right to go in without asking the tenants first but this is quite wrong, and illegal,” says specialist landlord and tenant lawyer Tessa Shepperson of LandlordLawBlog. The tenancy agreement outlines the conditions under which a landlord may enter the property and the tenant's rights to 'quiet enjoyment'.
“Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed harassment, and entering a tenant’s home without asking first is a prime example of this.”
When can my landlord enter?
A landlord can only enter a rented property with the tenants’ permission and after explaining why they need to gain access. This might be to inspect the property, complete the annual gas safety check or to fit a new washing machine or other appliance, for example. Remember landlords have a legal obligation to keep a property in good repair, and its appliances and services in good working order.
How much notice must my landlord give?
A landlord must give 24 hours’ written notice, which is considered reasonable notice, before they can enter a property - assuming they are given permission by the tenant - and can only arrange to visit at a ‘reasonable’ time of the day; so ideally not late at night or early in the morning. This is designed to give tenants the opportunity to be at the property when their landlord enters (or just be awake!).
End of tenancy viewings for prospective tenants
Yes, a landlord has the right to show potential tenants around the property. But they still need to give the tenant at least 24 hours’ notice. Tenants have the right to refuse access if the timing of the viewing is inconvenient and should propose alternative times to maintain a good relationship. It also doesn’t matter whether the viewings are for potential buyers if the landlord is selling up or for new tenants to replace the current ones.
What about emergencies?
If there is an emergency such as a water leak within a rented home and the tenants are not around, then a landlord has the right to enter the property without the tenants' permission.
What if I don’t want my landlord to enter?
Tenants have the right to refuse entry, if asked. But should they ignore a request for entry then their landlord has the right to let themselves in if they have a valid reason to do so. Also, if a landlord wants to fix something – like a broken toilet seat – and the seat later injures one of the tenants then it will be much more difficult for them to make a claim against the landlord.
Annual inspections
Most rental contracts include clauses that allow a landlord to make annual or bi-annual inspections of a property. This is usually to establish what needs repairing and often landlords will do the annual gas safety check on your boiler at the same time and bring an engineer with them. It may also involve the landlord checking if you are treating the property well and that you are not breaking any clauses in your contract (by subletting rooms for example).
Can a landlord enter my garden without permission?
Some landlords and agents think gardens are somehow not 'private' but if a tenant's rental contract includes front or back gardens as part of the space being rented then a landlord or their letting agent have no more right to enter them than they do a lounge.
Are the rules different for shared houses of multiple occupancy or HMOs?
Yes, they are. If a tenant lives in a shared house/HMO then the landlord has the right to access the shared areas (kitchen, lounge, etc) to complete inspections and complete maintenance work, and to collect rent, for example. But they do not have the right to enter bedrooms without permission and must give at least 24 hours' written notice as above.
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Remember the information provided in this article is for information purposes only and should not be considered as advice.
Remember the information provided in this article is for information purposes only and should not be considered as advice.
