Periodic Visits - Entry and Refusal

Periodic visits

Landlords must maintain a let property reasonably free from disrepair. The local authorities may take enforcement action if they identify risks, including but not limited to hazards, under the Housing Health and Safety Rating System (HHSRS) under Part 1 of the Housing Act 2004. Letting/renting a house in multiple occupation (HMO) adds specific management obligations for landlords and occupiers (see earlier under responsibilities and liabilities).

The landlord or responsible person acting on the landlord's behalf may regularly visit the house. You can also conduct visits at any other reasonable time if the contract holder reports a problem. This is to identify and prioritise repairs and other required works and ascertain whether the tenancy conditions are being met. As conditions within residential premises are now risk-assessed under the HHSRS, the person undertaking the visits should also look for hazards.

Some visits will need to be undertaken by a qualified and competent person, for example, a suitably qualified gas engineer for annual gas safety checks or a skilled electrician for periodic fire alarm checks.

Tenants must always have a means of contacting the landlord or letting agent, and there must be a procedure for dealing adequately with emergencies. Depending on the seriousness of the work, it must be resolved within a reasonable time.

Recording all visits and referrals from the tenant, including the proposed solution and outcome, is good practice. Some landlords have a standard checklist, providing a helpful prompt of things to look for and record what was found. Some landlords give a copy to their tenants.

Receipts should be kept when repairs are undertaken, for which you may recover the cost through any of the tenancy deposit schemes and for tax purposes.

Visits must not be intrusive. If they were, this could constitute harassment.

These conditions apply only to areas where the tenants (in the case of a room letting) have exclusive possession. Landlords can access communal areas that remain controlled at all reasonable hours. It is ordinarily courteous to notify tenants of any works in these communal areas that may cause them inconvenience.

Minimum notice

Unless the tenant agrees otherwise, landlords must provide at least 24 hours written notice to access the dwelling (s.11(6) Landlord and Tenant Act 1985). This access may be to inspect the property's condition and state of repair or perform necessary works or repairs to meet repairing obligations.

While the Landlord and Tenant Act allows landlords to enter the property after giving notice, it does not mean they can enter regardless of the occupier's wishes. If the occupier asks the landlord not to enter, the landlord must respect their request. However, if the scheduled appointment is inconvenient, the occupier should be willing to agree on an alternative time.

A 24-hour notice may contain a statement saying they will change the appointment to a mutually convenient date if requested and that unless the tenant objects, they will let themselves in to conduct the inspection (or the contractor will use the landlord's keys to carry out work).

If an occupier refuses to grant the landlord access, they may breach their agreement. In certain situations, such as when the property is visibly in disrepair, this could give the landlord the right to apply for a possession order.

Entry and refusal

Tenants have a right to quiet enjoyment of their accommodation.

Even if the landlord gives proper notice of a visit, the tenant may still legally refuse access. If a tenant refuses access, the landlord should find out why before taking legal action. It may be the appointment timing and the fact that the tenant cannot get time off work—in this case, you could arrange an evening or weekend appointment for a routine inspection.

Suppose the tenant will not make alternative arrangements or where they persistently cause delays that compromise the landlord's obligations. In that case, the landlord may consider terminating the contract using the prescribed legal process or seek a court order to secure access as a last resort.

Additionally, if the occupier's refusal to allow access results in further damage or deterioration of the property, they may be held liable. This could entitle the landlord to recover additional costs from the occupier, such as deducting them from the deposit.

Emergencies

There are times when the property may have to be entered as a matter of urgency, and statutory bodies can do this in appropriate circumstances:

• Gas: contact the National Grid emergency number 0800 111 999.
• Water: sewer and flooding: contact the utility company responsible for water in the area if closing the stopcock is ineffective
• Suspicious circumstances relating to criminal activity: liaise with the police.