Landlord Access Rights: When Can Landlords Legally Enter a Property?
By Wayne Beecham | Created on 20th January 2025
All landlords in Peterborough and across the UK have the right of entry to a property they own. However, this is only in certain circumstances, and some strict procedures and timescales must be adhered to.
Yes, the landlord owns the property, but the tenants in situ have certain rights. Landlords cannot legally enter the property without the tenant’s express permission, and specific procedures must be followed for landlords to stay on the right side of the law.
That said, landlords must keep the rental property in good shape. How can you balance the tenants’ right to quiet enjoyment with the responsibilities of being a professional landlord?
Read on to learn about landlord access to property – including amicable solutions, the 24-hour notice rule, gaining access in an emergency, and what to do if your tenants refuse entry.
Landlords Right of Entry
Under the Housing Act 1988, you must give 24 hours notice for landlord access. Notice should be given in writing, which can include email, text message or letter. The law states that a landlord or letting agency can access the property at a reasonable time of day. But personal schedules can vary – if your tenants work night shifts, for example.
Tenants have a legal right to live in “quiet enjoyment” of their rental home until the tenancy comes to an end. This means landlords must allow their tenants to live in the property without undue interference.
Remember, a landlord’s right of entry doesn’t overrule your tenants’ rights. You can’t harass them or turn up without notice, and tenants have a statutory right to refuse an access request – even if they are subletting or in breach of other tenancy terms.
Landlords Access for Repairs
Landlords are legally required to carry out repairs, keep utilities in good working order and maintain the property’s structure. Tenants are required to permit access, but there are still protocols you need to follow. Section 11 of the Landlord and Tenant Act 1985 covers the landlord’s duty to maintain rental properties, including:
Keeping the structure and exterior of the property in good repair, including drains, gutters and external piping.
Ensuring heating and hot water installations are in good working order.
Maintaining the supply of water, gas, electricity, and any fixtures used for sanitation in good working order.
Give as much written notice as possible, at least 24 hours notice for non-emergency situations. Include the date and time of the visit, who will attend and the reason for gaining access. Always keep records of any communications in case of a dispute.
Landlord access for property viewings
When finding replacement tenants (or selling a rental property), landlords aim to minimise void periods and therefore want to conduct viewings while their property is still tenanted. Tenants are often less keen on having strangers enter their home seven days a week.
Landlords must give 24-hours written notice and have the tenant’s permission before visiting the property. As we mentioned above, tenants have a legal right to refuse access to their home. Even if you have a viewing clause in the tenancy agreement, the tenant’s right to “quiet enjoyment” of their home takes precedence. This means that, ultimately, tenants can deny landlords access for property viewings.
If you tenants are reluctant to allow access for viewings, try suggesting set days and times to minimise inconvenience. If your tenant refuses access, you may have to wait until they vacate the property and accept a short void period.
Landlord access for safety checks
Landlords are legally required to carry out safety checks on a regular basis, and you need to seek permission for your representative to attend. Safety checks typically include:
Make life easier by predicting the renewal date to give tenants plenty of notice. For example, gas safety certificates last one year, meaning you know when the next inspection will be due.
If the tenant disagrees, remind them that they can be held liable for any resulting deterioration in the safety of the property. Keep good records to prove you’ve made every effort to meet your responsibilities.
HMO landlord access rules
Unlike properties for singular occupants or families, HMOs have communal areas shared between multiple tenants as well and the individual bedrooms reserved for each person living there. If the HMO property is let on a ‘room only‘ basis, then this allows the tenants and landlord to access the shared areas of the property without unnecessary conflict – while the rooms remain private to the tenants.
That said, it is still best practice to give tenants notice if you need to inspect the communal areas. If you don’t, and then access the property frequently, this may be viewed as harassment and a breach of your duty to enable ‘quiet enjoyment of the property’ under law.
Fortunately, these rules enable you to carry out your many maintenance and health and safety obligations for the property, without having to be overly concerned with access issues.
Can Landlords Access A Property Without Permission?
In an emergency, landlords or agents can access the property without requesting consent from the tenant. The 24-hour notice period doesn’t apply in emergencies such as:
A fire or flood.
Reports of water leaking into neighbouring properties.
A gas leak or smell of gas in the property.
A serious concern for someone’s welfare.
Suspicion of a violent or criminal incident.
Urgent repairs to remedy structural damage.
Keep photographic evidence and signed statements to show why you had to gain access. Good documentation is invaluable to a landlord if the tenant challenges your actions.
Can A Tenant Deny Landlord Access?
Can a tenant refuse access to landlord entry requests? Yes, though it’s not always cause for alarm – tenants have the right to quiet enjoyment of the rental property. That said, landlords need access to their property to keep it in good repair.
You can usually find a resolution easily. Perhaps the day or time is difficult for the tenant, and they’re happy to arrange another appointment.
What Happens When A Tenant Refuses Landlord Access?
Approach calmly, attempt to discuss the issues and negotiate before taking things further if your tenant refuses to grant access. Engage them in conversation, and you may find a simple resolution. Raise the point that they could be liable for the costs if repairs deteriorate because of the delay in gaining access.
No success? The next step is to begin formal negotiations. If your tenant won’t engage, seek a landlord injunction to gain access. As a last resort, you could start the eviction process with a section 21 notice. If you need to seek a court order to evict, you can find the information on how to evict a tenant in our article.
Do Tenants Have The Right To Change The Locks?
Tenants have the right to change the locks, though it’s rare. The tenants would usually give the letting agent or landlord keys for emergency access.
Most standard tenancy agreements contain a clause stating that a tenant cannot change the property without the landlord’s permission. But the tenant can be justified in changing the locks in some legitimate situations:
If the keys are stolen.
If the keys are lost and there is a long delay for a replacement set.
A landlord repeatedly enters the property without notice or agreement.
Have we answered your questions on access? Contact the knowledgeable team here at Progressive Lets to discuss your Peterborough property today.
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Wayne Beecham
Wayne is East Midland’s answer to property management. His hard work and high standards of service have gained him a fierce reputation within the regional lettings market. He knows what it takes to own and manage a profitable portfolio himself, because he is not only a successful investor and landlord, but co-founder and “hands on” managing director of Progressive Lets.
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