One of the most common questions we get from tenants is ‘can my landlord enter my home when I’m not there?’ It’s an understandable concern, as you are paying for the right to make a home in that property, and to enjoy privacy in that space. The last thing you want is to be worried about someone coming to nose around your home when you aren’t there. The good news is, there are very few circumstances when a landlord is allowed to come into your home without your permission, or without you being there, and there are strict laws enforcing it.
The Right to Quiet Enjoyment
As a tenant renting a property, you have what is called the ‘right to quiet enjoyment’. This is a legal right that protects you, and allows you to live peacefully and undisturbed in the property you’re renting. This includes the right to manage who enters the property and when – including your landlord. It’s important to know that even if your tenancy agreement says that your landlord can enter the property without your permission, they can’t. The legal right to quiet enjoyment trumps a tenancy agreement, and nothing can overrule it except a court order. So, you should never feel as though your landlord can just waltz into your home whenever they want.
Proper Notice
Ultimately, the landlord does own the property you live in, and they do have the right to enter the property at some times, but there are rules around when they can and when they can’t. For example, they may need access for things like inspections, maintenance or viewings. But if they want to come in, they need to provide you with proper notice. This means they have to give you at least 24 hours’ notice, in writing, of their intention to visit, including the date and the time of the visit, who will be entering the property and the reason for the visit.
You can reject the visit if the time is inconvenient and rearrange a new time with them. On top of that, the landlord can only enter the property at reasonable times to ensure the tenant will be home, so no early morning or late-night visits. Of course, part of being a responsible tenant is being reasonable about allowing access, especially if there is maintenance to be done. If you are refusing entry for maintenance work, for example, the landlord may remind you of the costs you will incur if you don’t allow the maintenance to be done and damage is casused to the property.
Emergency Situations
Of course, there may be times that the landlord needs to enter your property urgently and may not be able to wait to get your permission or submit notice in writing. For example, if there is an emergency, the landlord can enter your property even if you don’t grant permission. Some of the reasons a landlord may enter without permission include:
- Fire
- Gas leak (or signs of one)
- Flooding coming from the property
- Structural damage that needs immediate attention
- Potential violence or criminal activities happening inside the property
In these cases, the landlord and any workmen may access the property to inspect and rectify the problem, and then inform you of their entry and any next steps that need to be taken.
If you’re ever not sure if your landlord is allowed to do something, it’s worth checking with a third party. Your letting agent is a good bet, as they are able to access your tenancy agreement and can even act as intermediary between you and the landlord if needed. And if you need any advice, please just get in touch with our team today for help.
