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When can a landlord enter a rented property occupied by a tenant

One reason a landlord can enter your rented home is for inspecting the property for carrying out any repairs, and the other is to show future prospective tenants around during the last few months of the tenancy.

Indeed, according section 11 of The Landlord and Tenant Act 1985, the landlord has a statutory right to access the property to inspect its condition.

This section 11 does not extend to actually carrying out the repairs. The right to enter for the repair would be an implied term, as the law says the landlord must do the repair, it is implied the landlord has the right to enter to do it.

For both of these cases where it is reasonable for the landlord to be allowed access the landlord is required to give at least 24 hours’ notice, preferably in writing so there can be no mis-understandings.

Access can only be at reasonable times of the day, unless in the case of an unforeseen emergency.

Often the right to enter to do repairs is generally included in tenancy agreements and if the tenant refuses to allow the landlord access to carry out the repairs, the tenant will not be in a position to complain about the property or to claim for damages for disrepair or for personal injury caused by the disrepair.

If the tenant’s refusal to allow the landlord access to do the works results in a worsening of the situation or damage to the property, the landlord can deduct the additional costs incurred from the damage deposit.

If the tenant refuses to allow the landlord access at all, the tenant will be in breach of their tenancy agreement, because the right of access is an implied term of the agreement.

Clauses giving the landlord the right to enter the property for any other purpose will only be valid if the reason for the landlord's access is a reasonable one (to access some of his own possessions which may be stored on the property) and if the landlord is required to give at least 24 hours written notice.

Any clause which appears to allow the landlord to enter the property without giving notice (other than in an emergency) will be void.

Although section 11 gives the landlord the right to enter the property after having given notice, the landlord is not entitled to enter the property at that time regardless if the tenant asks the landlord not to. The tenant has the right to consent to an appointment at another time.



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