What happens if a landlord comes in without permission?
Many tenants ask, my landlord is letting himself into my house or turning up at my home without notice. What can I do?
On the other hand, you have tenants who persistently denied access to landlords when they are lawfully trying to discharge their legal duty. This blog may help tenants and landlords alike.
Tenants have the legal right to “quiet enjoyment” of their rented property. Unless there is an emergency, your landlord or their agent must give you at least 24 hours notice if they intend to visit your home.
Landlord and agents need to comply with the terms of the tenancy. Most tenancies will have clauses regarding a tenants right to “quiet enjoyment”. The tenancy will also have clauses regarding the notice period a landlord must give to enter the tenants home.
It must be within acceptable social hours of the day, and the landlord or agent must have legitimate reasons for the visit.
This can be like; checking the condition of the property or doing repairs. The visit could be legitimate if it is for inspections required by law, such as gas safety or an EICR.
Even if it is a legitimate reason for access, you can ask them to come at a different time provided you have not agreed on a date and time already.
Any last-minute cancellation without reasonable notice will mean the landlord may incur costs for cancelling the trade person. This cost could be passed on to you if you failed to give advance notice within a reasonable period.
A landlord cannot enter a tenant’s home without their consent.
The exception to this rule is if the fixed term of the tenancy is coming to an end, then the landlord may contractually be allowed to show buyers or other prospective tenants.
Most tenancy agreements will have clauses that a landlord or agent has the right to show prospective tenants or buyers around your home. This is usually in the last 4 to 6 weeks of the end term of the tenancy.
If they do so, it could be considered harassment, which counts as a criminal offence.
If a tenant fails to give access to their home when the tenancy is nearing the end of the fixed term. The landlord may be able to sue the tenant for losses due to a tenants breach to withhold access.
However, the landlord can only sue for a breach of the tenancy if the tenancy has the relevant clauses, which most tenancies do.
My landlord is letting himself into my house or turning up at my home without notice. What can I do?
Tenants have the legal right to “quiet enjoyment” of their rented property. Unless there is an emergency, your landlord or their agent must give you at least 24 hours notice if they intend to visit your home.
Landlord and agents need to comply with the terms of the tenancy. Most tenancies will have clauses regarding a tenants right to “quiet enjoyment”. The tenancy will also have clauses regarding the notice period a landlord must give to enter the tenants home.
What can I do if my tenants fail to give me Access?
It must be within acceptable social hours of the day, and the landlord or agent must have legitimate reasons for the visit.
This can be like; checking the condition of the property or doing repairs. The visit could be legitimate if it is for inspections required by law, such as gas safety or an EICR.
Even if it is a legitimate reason, you can ask them to come at a different time provided you have not agreed on a date and time already.
Any last-minute cancellation without reasonable notice will mean the landlord may incur costs for cancelling the trade person. This cost could be passed on to you if you failed to give advance notice within a reasonable period.
Where a tenant persistently denies access to a landlords trade person like a gas engineer or an electrician. The landlord should send an email to the local environmental officer to record the problems experienced in attempting to gain access for gas or electrical checks.
Landlords should be able to demonstrate they have attempted to discharge their duty in trying to gain access so gas and electrical checks can be carried out.
A landlord cannot enter a tenant’s home without their consent.
The exception to this rule is if the fixed term of the tenancy is coming to an end, then the landlord may contractually be allowed to show buyers or other prospective tenants.
Most tenancy agreements will have clauses that a landlord or agent has the right to show prospective tenants or buyers around your home. This is usually in the last 4 to 6 weeks of the end term of the tenancy.
If they do so, it could be considered harassment, which counts as a criminal offence.
If a tenant fails to give access to their home when the tenancy is nearing the end of the fixed term. The landlord may be able to sue the tenant for losses due to a tenants breach to withhold access.
However, the landlord can only sue for a breach of the tenancy if the tenancy has the relevant clauses, which most tenancies do.
You can seek free advice by email from Landlord Advice UK should you require legal advice on this topic.
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Author: Simon Hampton
Date: 1st of January 2024
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