Statutory implied terms – Access to property

Landlords (or people authorised by them) who are subject to the provisions of section 11 of the Landlord and Tenant Act 1985, have the right to access the property for the purpose of viewing its condition and state of repair [section 11 – subsection (6)]. The access can only be at reasonable times of the day and after giving not less than 24 hours notice in writing. This section does not extend to actually carrying out the repairs. However, the right to enter to do repairs (subject to notice being given) is generally included in tenancy agreements.

Landlords (or people authorised by them) who are subject to the provisions of section 11 of the Landlord and Tenant Act 1985, have the right to access the property for the purpose of viewing its condition and state of repair [section 11 – subsection (6)]. The access can only be at reasonable times of the day and after giving not less than 24 hours notice in writing. This section does not extend to actually carrying out the repairs. However, the right to enter to do repairs (subject to notice being given) is generally included in tenancy agreements. In addition, if the tenant refuses to allow the landlord access to carry out the repairs, the tenant will not be in a position to complain about the property or to claim for damages for disrepair or for personal injury caused by the disrepair. Indeed if the tenant’s failure to allow the landlord access to do the works results in further deterioration or damage to the property, they may be liable to the landlord (entitling the landlord, for example, to deduct the additional costs incurred from the damage deposit). Note that although section 11(6) gives the landlord the right to enter the property (after having given notice), this does not mean that the landlord is entitled to enter the property at that time regardless if the tenant asks the landlord not to. However, if the particular appointment time is inconvenient, the tenant will be expected to consent to an appointment at another time.

If the tenant refuses to allow the landlord access at all, the tenant will be in breach of contract. In some circumstances (for example if the property is clearly in disrepair) this may entitle the landlord to apply for an order for possession. Landlords should not enter the property without the express permission of the tenant. Where a tenant has given permission, but has advised they will not be at the property themselves, landlords are recommended to ensure they are accompanied by a witness. If they don’t do this, they may be making themselves liable to a claim of harassment, or be vulnerable to allegations of theft if the tenant claims that property has gone missing.