We often meet landlords who are uncertain of their access rights. As a Landlord in Durham, you may be wondering whether your tenant has the right to deny you entry to your property. Here is our expert guide to help you understand your legal position.
Surely I can access my property at any time?
By entering into a rental agreement, you’ve effectively handed over the rights to use and live in the property to your tenant.
Although you’re the property’s owner, the tenant has the right to the “covenant for quiet enjoyment.” This is a legal term that basically means your tenant can live there without you (or your letting agent) hassling them.
Furthermore, once you’ve granted the tenancy, you can’t expect to legally treat your property as your own. It may therefore appear that you are unable to enter the property if your tenant refuses to admit you, but there are other considerations.
The Landlord’s Right Of Entry
Your tenants may have an entitlement to “quiet enjoyment” of your rental property, but you do still have the right of entry in certain circumstances. There are three reasons:
- To carry out a property inspection.
- To carry out repairs or address an emergency such as a fire, flood, criminal activity, or structural damage.
- To provide a service such as gardening or cleaning (as covered within your tenancy agreement).
Must I Give The Tenant’s Notice?
In general, you must let your tenants know that you (or your representative) will be entering the property at least 24 hours before you do so. However, you can enter your property legally in an emergency with no permission or notice.
Can The Tenant Refuse Me Entry?
A tenant may deny entry to the property, but by proposing an alternative date and time, often the issue can be resolved swiftly and effortlessly.
Occasionally, landlords may encounter a tenant who refuses access repeatedly. If this occurs, landlords have a few options open to them.
- Negotiate. The first course of action any landlord should take is to talk to their tenant and try to arrange an alternative day and time. Sending emails is the best way to ensure you have digital evidence should the matter escalate.
- Tell the tenant they’ll be liable for costs if there is a deterioration of the property’s condition due to the denied access. The landlord will no longer take responsibility for any damage to the tenant’s property or injuries to the tenant themselves if it is caused due to the refused access.
- Take legal action. If the above efforts fail, the next step is to seek advice from a solicitor. In the most extreme cases, landlords can secure a court order to evict a tenant.
Why Can’t I Just Enter My Property Even If The Tenant Refuses?
Entering your rental property without the tenant’s permission is highly inadvisable as it constitutes a violation of your tenant’s trust. You could also put yourself at risk of an accusation of property damage or theft which could be very difficult to disprove.
At PIIM Property, we’re highly experienced in rental property management in Durham.
Don’t hesitate to get in touch with us at info@piim.co.uk or on 01207 772033 to see how we can help to rent your property.
