Do landlords have the right to enter their rented property against the wishes of their tenants?
The matter of landlord access to rented property can be quite intricate. Landlords often need to visit their properties for various reasons, such as inspections and ensuring legal compliance. However, tenants also have rights, including the right to privacy and quiet enjoyment of their home.
Landlords’ Rights
Landlords are granted legal rights to access rental properties under the Landlord and Tenant Act 1985 and the Housing Act 1988. They typically include clauses in tenancy agreements allowing access with 24 hours’ notice. Additionally, landlords have statutory obligations to maintain the property’s safety and ensure it’s not used for illegal activities.
Tenants’ Rights
Tenants have the covenant of quiet enjoyment, which allows them to prevent anyone, including the landlord, from entering their home without consent, except in emergencies. Landlords must obtain tenants’ consent for access, except in emergencies or where access is required by law. Entering the property without consent can result in trespass and harassment charges against the landlord.
Resolving Conflicts
In case of conflict, tenants’ rights under the covenant of quiet enjoyment typically take precedence. Landlords can seek legal remedies if tenants unreasonably refuse access for lawful purposes, such as obtaining a gas safety inspection. Persistent refusal of access may lead landlords to consider eviction. It could also result in an application made by the landlord for an injunction to seek entry into the property.
Rent Repayment Orders
Rent Repayment Orders can be sought by tenants in cases of illegal eviction, harassment, or violence by landlords. Tenants unreasonably refusing access may see their damages reduced in legal proceedings for breach of licensing rules.
Conclusion
Communication and cooperation between landlords and tenants are crucial to avoiding conflicts over property access. While tenants have the right to privacy, they should not unreasonably refuse access for legitimate purposes. Persistent refusal may lead to legal action by the landlord.
For further enquiries or assistance with conflicts between you and your tenants, feel free to reach out to Pranav Bhanot at WYN Legal (pbhanot@wyn.legal)
