Can my landlord enter my house without me being home?

You are paying rent to the landlord for exclusive use of the property as your home and as such, a landlord entering property without permission is classed as trespassing.

When you rent a property in Notting Hill, South Kensington, Chelsea, Marylebone or other Central London neighbourhood, it becomes your home. Your landlord should only enter the property if you have given permission for them to do so, or in a genuine emergency. While your landlord or letting agent will need to gain access to the property to carry out repairs, inspections and maintenance, the law says they must give you 24-hours’ written notice.

The rules are slightly different for a House in Multiple Occupation (HMO), which is explained further on in this article.

If you’re new to renting in London, and are worried about access and unauthorised entry, read on for our complete guide to landlord access in rented properties.

Landlord Access Overview

Here’s the most important points to consider:

1. Your Right to Quiet Enjoyment as a Tenant

As a tenant, you gain the right to ‘quiet enjoyment of your property’ when you sign your tenancy agreement. You are paying rent to the landlord for exclusive use of the property as your home and disturbances should be limited. A landlord entering property without permission is, technically, trespassing, unless there are emergency circumstances.

2. When Can a Landlord Enter Your Property?

That said, landlords or letting agents do have a right to enter the property to fulfil their legal responsibilities. The Landlord And Tenant Act 1985 allows your landlord access to inspect the property, as long as they have given you at least 24 hours’ notice, the proposed visit is at a reasonable time and you, the tenant, have replied to consent to the access.

The landlord should give you notice in writing, stating who will enter the property, why and when they propose the visit will take place. You are under no obligation to agree to the visit.

Bear in mind, however, it might be in your best interests to be accommodating. Your landlord may need access to maintain the property ensuring it is safe and comfortable for you to live in. If you refuse the landlord access, you might break the terms of your contract. If this is the case, your landlord has the right to take legal action to evict you if you do not meet your responsibilities.

Why Your Landlord May Want Access

There are plenty of legitimate reasons why your landlord may wish to visit your property:

• For a regular inspection – your landlord has a right to inspect the property at reasonable intervals to check for damage or any issues that may deteriorate into an expensive repair. Reasonable intervals would usually be no more than every six months.
• For repairs and maintenance – the landlord is responsible for maintenance and repairs to the property, especially if it’s in response to a problem you have reported or if an inspection uncovers an issue.
• To carry out a safety check – these are a legal requirement. Your landlord is lawfully-required to instruct a Gas Safety certified engineer to complete an annual gas safety check. They are also compelled to commission an EICR electrical safety report every five years. Both checks still need 24-hours written notice.
• To show the property to prospective buyers or tenants – many tenancy agreements include a clause that allows the landlord to show the property to prospective buyers or new tenants. The landlord may also need an estate agent, floor plan creator or energy assessor to visit. Whoever needs access, they’ll still have to follow the 24-hour written notice rule.

3. What Counts as Valid Notice From a Landlord?

We know unauthorised entry is bad practice but so is not giving valid notice. A tenant must be given at least 24 hours warning that access is required. That request must also be made in writing – a verbal request is not sufficient. The request must outline the reason for the visit (such as a boiler service or a repair), who will be attending, and the proposed date/time of the visit. 

Your landlord could send you a letter by post, an email or a text message requesting access. The landlord must wait 24 hours after the tenant has received the request, and for permission to be granted, before they can gain access. You can suggest an alternative time if the landlord’s request is inconvenient or anti-social. 

4. When Does a Landlord’s Access Become Harassment?

A law is in place so tenants can enjoy undisturbed peace and comfort in their home. If a landlord demands unwarranted and frequent access to the property, it can be classed as harassment under The Protection from Eviction Act 1977. Sometimes harassment takes the form of verbal access requests and unannounced, unauthorised entry.

When are visits classed as too many? It’s acceptable for a landlord to visit every 3 to 6 months to carry out a periodic inspection. It’s also acceptable for trades to visit to make repairs and replacements, and to undertake emergency safety works.

If your landlord is requesting access every few weeks without a valid reason, their behaviour could be classed as harassment. Harassing tenants is an offence under the Housing Act 1988.

If you feel access requests are happening too frequently, without good reason, or there are repeat instances of unauthorised entry, keep a log of the dates, times and nature of the visits. Formally write to your landlord or their letting agent, asking them to stop. If nothing changes, seek legal advice or contact Citizens Advice, presenting them with your evidence.

5. What About Emergency Access?

Your landlord may require immediate access to your home if there is a genuine emergency – especially if you are out. Even then, they should still seek access permission if it is feasible.

Landlords must not abuse the term ‘emergency’ – they can’t claim ‘it’s an emergency’ to gain access when it’s actually a trivial matter.

In the most serious of instances, the landlord won’t need to ask for access permission. Emergencies mean rare occasions involving:

• Fire
• Flood
• A smell of gas/suspected gas leak
• Dangerous structural damage
• Suspicion that a violent or criminal act has taken place

6. Do the Rules Change for HMOs and Shared Houses?

The rules for landlords accessing a House in Multiple Occupation (HMO) are slightly different to properties where the tenant has sole occupancy. This difference should be clearly understood in London, where there are a high number of HMOs and student house shares.

Landlords do not need permission from the tenants to access communal and shared areas, such as hallways and kitchens. Landlords, however, must have written permission from the tenant, sought with adequate notice, to enter a bedroom.

7. Can Tenants Change The Locks?

Your right of exclusivity means that, in law, you may change the locks to your rental property. You don’t need to give a set of keys to your landlord, unless it is stated in your tenancy agreement that you must.

Consider whether it might make life easier if you give your landlord a set of keys; in case of an emergency; if you lock yourself out, or if you agree to inspections and repairs while you are away.

8. Can a Tenant Refuse a Landlord Entry?

Tenants are within their rights to refuse unauthorised access, such as a verbal request or an unscheduled visit without consent. Even if the correct notice period has been given in writing, a tenant can refuse access if they think it’s harassment or if the time isn’t convenient.

There are, however, plus points to maintaining a good relationship with your landlord. If the proposed access time or date isn’t suitable, you should suggest alternatives that work for you. Or you could organise for a property manager to oversee access while you’re not there.

Persistently refusing access could make you seem unhelpful and make the landlord less amenable if you need them to fit around you. There are also more serious circumstances. If you persistently refuse access for legally-required compliance, such as electrical and gas safety checks, or if you won’t let a trade in to make an emergency repair, you may breach your tenancy contract.

While the landlord still can’t enter without your consent, they can hold you responsible for any damage caused to the property as a result of not carrying out a repair. For example, if you repeatedly refuse entry to a plumber who has come to fix a leaking shower and the property floods as a result of the repair not taking place, your landlord could bill you to put things right.

If you breach your contract, the landlord may even start the repossession process or enforce your contract via an injunction to gain access.

The law recognises tenants have a right to live undisturbed in their home, offering them protection from unauthorised entry and harassment. The Government has outlined the process landlords must follow to gain access – at least 24 hours’ written notice and with consent returned by the tenant.

Our lettings team ensures both landlords and tenants are aware of access rules. We arrange lawful access and property visits across our rental portfolio in Primrose Hill, Swiss Cottage, Kilburn, Fitzrovia, Regent’s Park, St. John’s Wood, Maida Vale and Pimlico, as well as in neighbouring Central London areas. If you’re a London landlord and would like Plaza Estates to handle all aspects of compliance on your behalf, please browse our landlord services or contact us.

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