Know what to do in the case of a tenant refusing access
There exists a number of reasons why you may want to access a property during an active tenancy. Most commonly, these reasons include undertaking repairs, conducting a viewing, or simply checking on the condition of the property.
Sometimes, you may not be able to access the property for inspection - as the legal occupant of the property, the tenant has the right to refuse you access to the property in some circumstances.
It is vital that you understand when you are legally allowed to access the property for inspection, or face possible legal penalties. Repeatedly attempting to access the property without adhering to the law may lead to severe consequences, so speak to the tenancy specialists at AST Assistance and know what to do in the case of a tenant refusing access for inspection.
How we work in situations of tenants refusing access
If a tenant is refusing access, you will have a number of options available to you. These depend on the type of tenancy, the outcome you are seeking from gaining access, and your rights as a landlord. Legislation around property access has changed over the years, so it is imperative that you understand your rights before attempting to resolve the situation.
AST Assistance has helped countless landlords in circumstances where tenants have refused access to the property for inspection, providing them with the expert guidance they need to be able to resolve the issue of not being able to access the property.
Our experienced team will ensure that you follow the correct legal procedures, all while teaching you best practices so that you can undertake your landlord duties to the best of your ability while staying legally compliant.
We know how stressful it can be when you need to access your property but are refused permission to do so - especially if the reasons for wanting to gain access are time-sensitive or could lead to further consequences. Our property access services are delivered in a streamlined, straightforward way, so that we can move your case forward efficiently while ensuring that you fully understand the progress of the case.
Thanks to our expertise in cases where a tenant is refusing access for inspection, we are best placed to help you find the solution that works for you.
What are my contractual rights to access the property for inspection?
In order to access the property and not breach any rules, you will first need to ensure that the tenancy agreement outlines the reasons why you wish to make an inspection.
If the tenancy agreement determines that you have a pre-agreed reason for access, you can be sure to have the contractual right to access the property, and details that the tenant must provide access to.
Even if you have the right to access the property, you should always ask the tenant for permission ahead of time. Assuming permission may cause disputes, and lead to a breakdown in trust, which could result in difficulty in accessing the property at a later date.
What if my tenant refuses access for inspection?
If you know that you have explicit permission and the right to access the property for inspection, but the tenant denies you this right, they are in breach of contract.
This can give you grounds to take legal action, but it is imperative that you understand your rights before doing so, as taking the wrong course of action could lead to you facing penalties
Firstly, if a tenant is refusing access to a property for inspection, you should communicate with them that this is a breach of contract, and that this can lead to them being sued. You should mention that they have a legal obligation to allow access for inspection.
Under no circumstances should you attempt to enter the premises after being denied access by the tenant. Instead, get in touch with the experts at AST Assistance who have built a reputation for communicating your rights as the landlord and working to find an appropriate resolution. We will work efficiently to resolve any dispute or denial involving access for inspection, which can save you from further complications and costs down the line.
Can I gain access for gas inspections?
In the case of attempting to gain access to the property for a gas safety inspection, as the landlord you have the right to make this inspection to know whether a repair is needed. Ensuring that the gas equipment is functioning is a legal requirement of the landlord, and can lead to prosecution if not adhered to.
However, if you make three explicit efforts to gain access to the property for a gas inspection but are denied by the tenant, the Health and Safety Executive will not prosecute you.
Find legal guidance
If you are denied access, you must consider alternative routes. First, seek to understand your rights as a landlord. As a request to enter the property for inspection can cause legal complications, it is important to seek the help of letting professionals in rental and tenancy agreements, or risk making a mistake which could lead you to face legal action.
For more information and tailored guidance on your property access rights, get in touch with the expert team at AST Assistance. Call us on 01706 619 954, email firstname.lastname@example.org, or fill in our online form to request a call back.