What to do if your tenant is refusing access
By Mark Dawson, Senior Partner at AST Assistance – help for landlords
As a landlord, there are several reasons why you would wish to enter a property when it is occupied. Most typically, this includes carrying out repairs, holding a viewing, or checking on the property’s condition.
However, you may encounter issues in accessing the property since, as the legal resident of the property, the renter has the right to refuse you entry in certain circumstances.
It is critical that you understand when you are legally permitted to view the property – or risk legal ramifications. Repeatedly attempting to access the property illegally may lead to serious penalties. Read the guide below to understand the best course of action if a tenant denies access.
What are your options as a landlord?
If a renter refuses property access, there are options available to you, the landord. These options depend on the type of tenancy, the reason for needing access to the property, and how these factors affect your rights as a landlord. The law governing property access has changed over the years, therefore it is vital that you understand your rights before seeking to address the matter.
Being denied entry can be stressful – especially if the reasons for requesting access are time-sensitive. As such, knowing your rights to circumvent a denial of access will mean using the law to your advantage; enabling you to carry out any activities you are permitted to do in a timely manner.
What contractual rights do I have to view the property?
To gain access to the home while without breaking any laws, you must first check that the tenancy agreement specifies the grounds for the inspection. If the tenancy agreement specifies that you have a pre-agreed-upon reason for access, you can be confident that you have the contractual right to enter the property.
What if my renter rejects inspection access?
If you have the right to visit the property for inspection – but the tenant refuses you this right – they are then in violation of contract.
This can give you cause to pursue legal action, but it is vital that you understand your rights before doing so, since choosing the wrong course of action might lead to penalties and delayed access.
Even if you have legal access to the property, you should always get permission from the renter ahead of time. Assuming permission may lead to disagreements and a breakdown of trust, which may make future access to the property problematic.
To begin, if a renter refuses entry to a home for a property inspection, inform them that this is a violation of contract and are therefore liable to legal action. You should point out that they are legally required to grant access, so that there is no uncertainty.
Under no circumstances should you attempt to enter the property after the renter has denied you entrance. Instead, seek the help of experts in tenancy law, who will help you to communicate your rights as a landlord and find a suitable solution. This gives you a much better chance to quickly settle any disagreement or refusal affecting inspection access, likely saving you time and money in the long run.
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