In most tenancy agreements, except for excluded tenancies, the landlord agrees to allow the tenant quiet enjoyment of the property. This means the landlord must allow the tenant the right to privacy because it is now the tenant’s home. If the landlord, or their agents, require access to the property, they must obtain the tenant’s permission.

In most cases, this is done by providing the tenant with the amount of notice specified in the tenancy agreement and providing a reason for their request to access the property. The minimum amount of notice by law is 24 hours.

Common examples of acceptable reasons would be to make good damage to the property, scheduled inspections, annual gas safety checks etc. It is important to note that the decision to allow the landlord access to the property lies ultimately with the tenant. If a landlord tries to insert a clause into the tenancy agreement providing themselves with an unrestricted right to access the property, they will likely find that such a term is illegal and unenforceable.

A landlord can be found guilty of trespassing if they let themselves into the property without permission.

It should be noted that there are some emergency situations in which a landlord can enter their property without notice or permission, such as:

  • A fire
  • Severe structural damage
  • Smell of gas
  • Flooding
  • Suspicion of a violent or criminal incident

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