Landlord Rights of Entry Explained
Published on October 5, 2016 by Sarah Mac
Whether you own one rented property or 20, you need to keep an eye on the maintenance aspects. Tenants will not necessarily deal with them, or even notify you, before they become major problems.
One new landlord was very friendly with the next door neighbour, who was able to inform him of a problem with flashings under a bathroom window, so that he could arrange a visit to see for himself what needed to be done. It helps to be on good terms with neighbours, who may keep an eye on the exterior for you, but you can’t rely on that and anyway, you would still have no idea about the inside areas.
Interim inspections are vital to save the expense of major work due to long-term neglect. They will also highlight any areas where the tenants are not complying with the tenancy agreement. Being on the spot gives you an opportunity as well to provide advice that could prevent negligent acts ending in damage, such as drying clothes without ventilation, or allowing furniture to rub against the walls.
When are Interim Inspections Allowed?
The Housing Act 1988 sets out the rights of entry for a landlord. It recognises three different such rights. The one for interim inspections is called The Right to Enter to Inspect the State of Repair of the Property/Empty a Fuel Slot Meter. Normally this will be after giving at least 24 hours’ notice. This is best given in writing but can also be done through a telephone call, and this is a common way to arrange things. If appropriate notice is not given the tenant has the right to refuse you entry.
The law also obliges you to attend at what would be considered a reasonable time of day, so as not to inconvenience the tenants too much. They should have time to tidy the place and be comfortable about the visit. It’s always helpful to be on good terms with your tenants, and a respected landlord will try to fit in a time that suits the tenant for visits made infrequently. Always wait to be invited in and be polite and respectful throughout the visit. This is the best way to stay on good terms with your tenants and encourage them to take good care of your property while they make it their home.
Other Rights of Entry
If you need to carry out repairs, this is a Right of Reasonable Access. It also applies to any tradesmen you employ to carry out work. The 24 hour notice period still applies unless there is an emergency, when it is waived and entry can be gained immediately. If a tenant refuses to cooperate and allow you or your workmen in, you have no option but to apply for a court order.
The third right, The Right to Enter in Order to Provide Room Cleaning Services, only applies if the terms of the tenancy include the provision of cleaning services. This might be the case if there are multiple tenants sharing rooms. In this case there is no need to make special arrangements ahead of each individual visit or gain approval to step over the threshold every time.
In all other cases, except for emergencies, you must follow the regulations on the notice period and gain the agreement of the tenant, otherwise you could find yourself being prosecuted for harassment