What to do if a tenant refuses access for inspection
If you’re a residential landlord, you may want to access your property for multiple valid reasons.
When given notice, most reasonable tenants will happily grant you access to inspect the property.
Unfortunately, that’s not always the case.
What legal recourse do you have if a tenant refuses to give you or your representative access for inspection? You may be surprised to find out that you have very little power in this situation. You should exercise caution when taking steps that could create broader risks for you as a landowner in the future.
When Does a Landlord Have the Right To Enter a Property?
Most renters in England have an Assured Shorthold Tenancy (AST).
The laws regarding your right to access may vary if your tenant doesn’t have a standard AST, for example, if they are a lodger or the rental property is not the renter’s primary residence.
It’s essential that you follow the legal procedure to gain access to your rented property.
If you don’t have tenant permission to enter the property, you may be liable for harassment or trespass — both highly undesirable outcomes.
Most tenancy agreements or leases specify the procedure and grounds for requesting access to the property.
If you don’t have a formal AST agreement in place, you must give the tenant at least 24 hours written notice of your intention to inspect.
Unlike claims for possession and evictions, which require a strict procedure that includes Section 8 and/or Section 21 notices, a notice of request for access may be delivered via email, text message, or written note/letter, and there is no prescribed form.
Valid reasons to schedule an inspection include:
Checking property condition
Ensuring there are no breaches of the tenancy agreement
Identifying maintenance issues
- Safety checks
- Repairs
- Gas safety inspection
- EICR tests
- Showing the property to prospective buyers or tenants
- Checking for tenant damages
- End of tenancy inspection for deposit deductions
- No matter what your reasons for wishing to gain access, remember that your tenant has the right to refuse it.
- Understandably, many tenants would prefer to be present when you or a representative inspect the property, no matter the reason.
- Often, it’s simply a matter of rescheduling the inspection for a time that’s mutually convenient.
The Landlord and Tenant Act 1985 gives your tenant a right to “quiet enjoyment” of the property. The tenant has a right to “exclusive possession” under an AST.
Respect this when contacting a tenant to gain access.
Otherwise, you may be accused of harassment.
What if a Tenant Will Not Allow Access for Inspection?
If all reasonable attempts to gain access to your property for inspection fail due to refusal or a lack of response from your tenant, there are additional steps you can take.
Again, you must tread carefully, or you could be liable for harassment or trespassing.
A landlord’s right to access for repairs is covered under multiple laws, including:
Section 11 of the Landlord & Tenant Act 1985
Housing Act 1988
Homes (Fitness for Human Habitation) Act 2019
- It’s always best to rely on a well-drafted tenancy agreement in case of disputes rather than depending on statute to guarantee your right to access.
- If the tenant is in breach of a term of the tenancy agreement, you could serve a Section 8 notice, relying on Ground 12 in Schedule 2 of the Housing Act 1988, which provides that any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
- However, as this is a discretionary ground, obtaining possession based on it alone would be difficult. In some cases, you can apply to court for an injunction to gain access to the property. You will need to show good cause in these circumstances, but concerns about safety may be sufficient.
You will need to show good cause to be granted an injunction in these circumstances, but concerns regarding safety might be sufficient.
Even if you don’t have a written tenancy agreement, there are legal avenues you can pursue.
If, after you’ve exhausted all attempts at resolution, your tenant still refuses to grant access — or fails to grant access — your only recourse may be to commence a Section 8 and/or Section 21 possession claim and proceed towards eviction.
Only a court order can empower the bailiffs or other court officers to enter a rental property without the tenant’s permission.
Access for Gas Safety or EICR checks
The tenant refusing access is not a legal excuse for failing to carry out the annual gas safety check and/or the Electrical Installation Condition Report when that falls due. If a tenant refuses to allow access, you must show that you’ve done everything possible to gain access.
Write the tenant and explain the importance of the check for their safety. Keep a record of your requests and the tenant’s response.
You can seek a court injunction as above if access is still denied.
Frequently Asked Questions
Can Tenants Say No to a Property Inspection?
Yes, in the short term. Tenants of ASTs have the right to “exclusive possession” and “quiet enjoyment” of rental property. Landlords can gain access to rental property with written notice, for a variety of reasons, even if the process is not specified in It is important to not enter a tenant’s property without their permission. Otherwise, landlords open themselves up to charges of trespass or harassment.
Need Advice? Contact Helix Law.
Residential landlord/tenant disputes are all too common.
Our property litigation team have strength in depth and acts in a broad range of property disputes and litigation including AST disputes, across the country. We act for landlords, not tenants. If you need access to your rental home for legitimate reasons such as an inspection or repairs, a written notice from a solicitor may be sufficient. A solicitor’s letter warns the tenant of the potential consequences if they continue to ignore the situation. We can also provide fixed-fee Section 8 or Section 21 evictions for landlords.
Helix handles the entire process, saving you time, money, and aggravation.
Contact Helix Law today. We aim to answer all questions within an hour.
