Landlord Advice UK Tenant Eviction Service For Landlords

Access

Tenants have an implied obligation, meaning a legal duty that automatically applies regardless of whether it is written in the tenancy agreement, to provide landlords access to their rental property for the purpose of carrying out repairs. This obligation ensures that landlords can meet their legal repairing responsibilities while respecting the tenant’s right to quiet enjoyment of the property.

Implied Terms for Access

1. Obligation to Allow Access: Tenants must provide access at reasonable times of the day after receiving 24 hours’ written notice from the landlord or their representative to inspect the property’s condition.[1]
2. Access for Repairs: Tenants are required to grant access for repairs following reasonable notice from the landlord.[2]
3. Regulated and Assured Tenants: Regulated and assured tenants must also provide reasonable facilities for repairs.[3]

While tenants are not legally obligated to confirm their availability in response to the landlord’s notice, refusing access on the specified date may constitute a breach of contract.[4]

Pre-Action Protocol for Housing Disrepair Cases

Under the Pre-Action Protocol for Housing Disrepair Cases, tenants must allow landlords reasonable access to inspect and carry out necessary repairs in line with their tenancy agreement.[5] If access is denied, landlords should communicate these difficulties when responding to tenant claims regarding disrepair.[6]

In one case, the County Court issued an injunction compelling a tenant to provide access for repairs. The Court ruled that the landlord had fully complied with the Pre-Action Protocol, and disagreements over the extent of the landlord’s liability for repairs did not excuse the tenant’s refusal to allow agreed repairs.[7]

Landlord’s Rights and Remedies

Landlords cannot enter a property without the tenant’s consent, even if the tenancy agreement grants them this right. However, persistent refusal by a tenant to allow access may lead to legal action:

1. Court Injunction: Landlords may apply for an injunction to compel the tenant to provide access.
2. Penal Notice: Injunctions may include a penal notice, meaning non-compliance could result in the tenant being held in contempt of court, a criminal offence.

Before applying for an injunction, the landlord should send the tenant a Letter of Claim in compliance with the Pre-Action Protocol. The letter should include:

• A summary of the issue and why access is required.
• Details of previous attempts to arrange access, including dates and copies of any written notices provided.
• A clear warning that failure to provide access will result in legal action, including a request for the tenant’s response within a specified timeframe (typically 7-14 days).

Express Terms of the Tenancy Agreement

In addition to implied obligations, tenancy agreements—written or oral—may include express terms related to repairs, maintenance, and the landlord’s right to access. These terms must meet the following criteria to be enforceable:

• The term must not be unfair.
• The term must not conflict with the landlord’s statutory obligations under section 11 of the Landlord and Tenant Act 1985.[8

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[1] s.11(6) Landlord and Tenant Act 1985.

[2] Granada Theatres v Freehold Investment (Leytonstone) [1959] 1 WLR 570.

[3] s.148 Rent Act 1977; s.16 Housing Act 1988.

[4] New Crane Wharf Freehold Ltd v Dovener [2019] UKUT 98 (LC).

[5] 7.6 Pre-Action Protocol for Housing Disrepair Cases, Ministry of Justice, 30 January 2017.

[6] 6.3(c) Pre-Action Protocol for Housing Disrepair Cases, Ministry of Justice, 30 January 2017.

[7] Liverpool Mutual Homes v Mensah 2017, County Court at Liverpool, Case No: D70LV094, August 2017.

[8] s.11(4) Landlord and Tenant Act 1985.