Tenant Refusing Access for Inspection

To access a property without breaching any rules, you will need to check the tenancy agreement to confirm whether it includes a clause outlining your right to access the property for this purpose. Most tenancy agreements contain terms specifying when a landlord can enter, such as for routine inspections, repairs or safety checks.

If the tenancy agreement states that you have a pre-agreed reason to access the property, this means you have a contractual right to enter. The agreement should also clarify the circumstances under which the tenant must provide access. However, even when your contractual rights allow you to inspect the property, it is always best to contact the tenant beforehand and arrange a suitable time.

If a tenant is not responding to a request to inspect the property, landlords should attempt to communicate in writing and offer flexibility on the timing of the visit. If the tenant remains unresponsive, seeking professional guidance can help landlords understand their options for addressing the situation while remaining compliant with tenancy laws. While landlords have rights regarding property access, maintaining a professional approach can help prevent disputes and make future inspections easier to arrange.
 

Failing to respect a tenant’s right to quiet enjoyment can have legal and financial consequences for landlords. Under the Eviction Act 1977, unlawfully entering the property without the tenant’s permission or failing to provide reasonable notice could be considered harassment. If a landlord persistently enters the rental property without consent, they may face civil claims or even criminal charges.

In serious cases where landlords have breached the terms of the tenancy agreement relating to their tenant’s rights, landlords could be prosecuted. These breaches potentially could lead to fines or imprisonment under Section 1 of the Act, which carries penalties of up to two years in prison or an unlimited fine. A tenant could also pursue a claim for damages if they have suffered as a result of the landlord’s actions, with compensation potentially covering distress, inconvenience and financial losses.
 

Under the Landlord and Tenant Act 1985, landlords are required to give at least 24 hours' written notice before entering the property, unless it is an emergency. The notice should outline the purpose of the visit, such as a routine tenancy inspection or maintenance check.

Letting agents typically conduct property inspections every three to six months, though the frequency can depend on the terms set out in the tenancy agreement. The purpose of these inspections is to check the condition of the property, identify any maintenance issues, and ensure the tenant is complying with the terms of the agreement. While regular inspections are part of responsible property management, they must be arranged in accordance with the law, with proper notice given to the tenant. Overly frequent inspections could be considered intrusive, so it is best to strike a balance that meets both the landlord’s and tenant’s needs.

If a tenant refuses access for repairs, landlords should first try to resolve the issue by discussing the matter with the tenant and explaining why the work is necessary. Under Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for maintaining the structure and exterior of the property, along with installations for water, gas, electricity, and sanitation. If a tenant is refusing access, landlords should provide written notice of at least 24 hours, outlining the reason for the visit and offering flexibility on scheduling.

Some repairs are more urgent than others. If the issue poses a health or safety risk, landlords have a stronger legal basis for gaining access. Examples include:

• Gas safety checks: annual inspections to attain an up-to-date gas safety certificate are required under the Gas Safety (Installation and Use) Regulations 1998. If a tenant refuses entry, the landlord should document attempts to arrange the inspection and may need to contact the local authority for guidance.
• Electrical safety checks: landlords must arrange an Electrical Installation Condition Report (EICR) every five years, as required by the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
• Water leaks or structural damage: leaks, damp or damaged roofing could lead to further deterioration and may cause the property to become uninhabitable if left unresolved.
• Broken heating systems: landlords must keep heating and hot water systems in working order under the Landlord and Tenant Act 1985. If a tenant refuses access, landlords should highlight how this could affect their comfort during colder months.
• Pest infestations: some tenancy agreements specify that landlords must address infestations of rats, mice or other pests, especially if they result from structural issues.

If a tenant continues to refuse access and the repair is legally required, landlords may need to escalate the matter. Seeking professional advice from a specialist service such as AST Assistance can help landlords manage the situation while staying compliant with the law. If the issue affects health and safety, the local authority may intervene and, in extreme cases, landlords can apply for a court order to gain entry. Documenting all communication attempts and demonstrating that reasonable steps have been taken can help protect landlords from potential legal disputes.

Tenants do not have to be present during an inspection, but they have the right to be if they wish. Some tenants may prefer to be there to discuss any concerns or maintenance requests directly. If a tenant cannot be present, landlords or letting agents can still carry out the inspection as long as they have provided the required notice and gained consent. If the tenant refuses access entirely, the landlord may need to take further steps to address the situation within the legal framework of the tenancy agreement.