– COLLABORATIVE CONTENT –
An often contested aspect of landlord-tenant relations lies around whether a landlord is allowed to enter a property which is being rented out to a tenant. No matter what the landlord may say, they are not permitted to simply enter a property whenever they like unless prior notice has been given. Any landlord worth their salt should know this. Although the property is owned by the landlord, this is still the home of the tenant. That said, there are a number of rules which indicate landlords rights surrounding this subject. These rights extend further than basic requirements such as providing 24-hour notice to enter a property.
What are your rights of entry?
Under “the covenant for quiet enjoyment”, UK law states tenants are entitled to live without interference from their landlord or letting agent.
There are, however, particular circumstances which will allow landlords or letting agents access to the property, such as routine inspections being required to be undertaken and emergency work being conducted. Landlords and tenants should be aware of three primary rights of entry, being:
- The right of reasonable access to carry out repairs. Reasonable access needs to be defined in relation to the exact reasons in which the property needs to be entered. In circumstances such as emergency work being required, a landlord or letting agent as the right to enter the property immediately to undertake any necessary work.
- The right to enter to inspect the state of repair of the property or to empty a fuel slot meter. This differs from the right of reasonable access to carry out repairs as with this a landlord or letting agent does not have an immediate right of entry. 24-hour notice given applies here.
- The right to enter to provide room cleaning services. This is conditional on your tenancy agreement or any other legal agreement which tenants sign stipulating a room-cleaning service will be provided.
Apart from the circumstances mentioned, a letting agent or landlord has no right to enter a property without a court order being issued which states otherwise.
Is 24-hour notice required?
Landlords and letting agents are obligated to provide tenants with a minimum of 24 hours notice before they can enter a property, this falls under the Housing Act 1988 (if the reasons for entering fall outside of the aforementioned rights of entry). Immediate entry due to emergencies are typically rare and must represent a threat to safety. These include:
- A fire in the property
- The smell of gas
- Structural damage that requires urgent attention
- Suspected violent or criminal activity inside
The formality of 24-hour notice being given may not be required if there is a good relationship between the tenant and the landlord. In instances where the relationship is cordial, visits are often arranged with a quick phone call rather than with a formal written notice. It is important to remember, however, that if such a formality is forgone the tenant is legally entitled to bar entrance upon arrival if they so wish.
What else do I need to know?
It is highly important that the notice period requirement is taken seriously. It is illegal for a landlord or letting agent enter the property with no agreement being made prior. If a landlord or letting agent attempts to incorporate a clause within the tenancy agreement which stipulates they can enter whenever they like, under the Unfair Terms in Consumer Contracts Regulations 1999 this would be void as this takes away the right usually enjoyed by the tenant. It is typically made clear within the tenancy agreement that visits can only be arranged at reasonable times of the day. This does not apply to emergencies which may arise in the middle of the night, though. None the less, notice that a landlord or letting agent provides their tenant should be accompanied by information which provides a time of visit. If a tenant has been given notice on a Thursday evening, for example, and a landlord or letting agent arrives on a Friday morning, then 24 hours will not have passed and the tenant can refuse entry.
It is recommended to provide notice well in advance, such as a couple of weeks, to well exceed the legal 24-hour period. This provides flexibility for the tenant to be able to attend the visit and also to provide time to see the notice communicated within a letter or email ensuring no surprises when the landlord or letting agent turns up. A better relationship can be preserved between the tenant and landlord/letting agent by remaining compliant to the law on matters such as 24-hours notice being given and ideally providing much more notice than this.
*Disclaimer – This is a collaborative post. This post has been pre-written.
