Posted : March 9, 2017

During a tenancy the landlord will from time to time need to gain access to the premises to carry out general inspections, repairs or maintenance work, and whilst the tenant is given exclusive rights to the property they are obligated under the tenancy agreement to allow reasonable access.

Also under the terms of the tenancy agreement the landlord must provide the tenant 24 hours’ notice. Unfortunately, some landlords on occasion overlook this core term and without consideration enter their property without notifying the tenant, this can lead to tension in the relationship.

Even in circumstances where the visit benefits the tenant notice is still required. For example, if a tenant reports a faulty boiler and the landlord manages to organise an engineer to attend the same day, if the tenant is not aware of the visit it is still necessary to obtain their consent before any contractor enters the premises.

If a landlord wishes to make a same day visit, we always advise that they call the tenant to check whether such short notice is convenient – a same day email is not sufficient as the tenant may wish to be there or have a chance to tidy up.

Only in cases of genuine emergencies, such as structural damage, fire or gas leak, is it considered reasonable for a landlord to act out of necessity and enter the property with little notice.

In instances where permission is refused, the landlord or appointed person must not enter – even if it’s to meet legal obligations such as to carry out the annual gas safety check.