Access complaints come from both directions: tenants who say the landlord or agent entered without notice, and landlords frustrated that tenants won't allow visits for repairs or safety checks.
Tenants' right to quiet enjoyment
A tenant has exclusive possession of their home. Entering without permission, except in a genuine emergency, can breach the tenancy's covenant of quiet enjoyment and, if it's done to pressure them, may be harassment under the Protection from Eviction Act 1977.
Entry to view the condition of the property
Section 11(6) of the Landlord and Tenant Act 1985 gives the landlord, or anyone authorised by them, the right to enter at reasonable times of the day, on 24 hours' notice in writing to the occupier, to view the condition and state of repair of the property. Tenancy agreements commonly contain similar access clauses for inspections and repairs.
Safety checks and repairs
The landlord must take all reasonable steps to carry out gas safety checks and other required work. Where a tenant refuses access, the landlord should keep a record of the attempts, the notice given and the reasons. It helps show the landlord did what it could.
Common points of dispute
- Visits without written notice, or at unreasonable times.
- Keys used to enter while the tenant was out.
- Repeated visits the tenant sees as pressure.
- Refused access delaying repairs or checks.
Records to pull
- Each notice of a visit, how it was given and when.
- Visit logs: date, time, who attended, whether the tenant was present.
- The tenancy agreement's access clause.
Answering it
Set out each visit with the notice given. If entry happened without proper notice, acknowledge it and explain what will change.
Casebriar separates a tenant complaint into its issues, checks the legal claims it covers against legislation.gov.uk and lists the records you’ll need. It’s in a free pilot with letting agents in England.
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