What to do if a tenant refuses access
Navigating the responsibilities of a landlord in the UK involves maintaining your property to the required standard while also upholding your tenant’s rights. Property inspections sit at the centre of this balance and are a frequent source of disagreement, particularly when a tenant refuses access. Regular inspections support effective tenancy management, help identify maintenance issues at an early stage, and confirm adherence to the tenancy agreement. However, access is not always granted, and a refusal can place landlords in a difficult legal position.
This guide from AST Assistance outlines the legal framework governing landlord inspections, the steps to take when a tenant refuses access, and how to address the situation in a structured and lawful manner. Our aim is to support property owners in protecting their investment while reducing the risk of disputes arising from inspection-related issues.
If you are dealing with access problems or require clear legal guidance tailored to your circumstances, contact AST Assistance on 01706 619954 or use our online contact form for professional support.
Landlord's right to inspect vs. tenant's right to quiet enjoyment
Underpinning the entire landlord-tenant relationship are two key legal principles. Understanding these is the first step to avoiding disputes.
The landlord’s right of entry
Landlords have a legitimate and legally implied right to enter their rental property for specific reasons. These include:
- Conducting routine inspections: to check the property's condition and ensure the tenant is complying with the tenancy agreement.
- Repairs and maintenance: to carry out necessary repairs and address maintenance issues.
- Safety checks: to perform legally mandated safety inspections, such as annual gas safety checks and five-yearly electrical safety reports.
- Viewings: to show the property to prospective new tenants or buyers, usually towards the end of a tenancy.
However, this right is not absolute. To exercise it lawfully, a landlord must provide at least 24 hours' written notice and the proposed visit must be at "reasonable hours."
The tenant’s right to quiet enjoyment
Every tenant in the UK, typically under an assured shorthold tenancy, has a legal right to "quiet enjoyment" and "exclusive possession" of their rental property. This means they are entitled to live in their home without unnecessary or intrusive interference from the landlord or letting agents.
Entering the property without giving notice or having the tenant's permission (outside of a genuine emergency) is a breach of this right and can be considered harassment under the Housing Act 1988.
Can a tenant legally refuse a property inspection?
Yes, a tenant can legally refuse entry to a landlord, even if the correct 24 hours' notice has been given. A notice period requests access; it does not grant an automatic right to enter the property. The tenant’s consent is still required.
A tenant can legitimately refuse entry if:
- The landlord has not provided the minimum 24 hours' notice in writing.
- The proposed time is unreasonable or highly inconvenient.
- The frequency of inspection requests is excessive and constitutes harassment.
If a landlord ignores this and uses their own key to enter the property without the tenant's permission, they could face legal action for trespassing and harassment.
What to do when a tenant refuses access
When a tenant refuses access, your response should be measured, professional and well-documented.
- Open communication: the first step is to communicate. Contact your tenant to understand why they have refused access. Often, the proposed time is simply inconvenient, and a mutually agreeable alternative can be easily found. Explain the reason for the property inspection, especially if it relates to urgent repairs or mandatory safety checks that benefit the tenant’s safety.
- Provide formal written notice: if communication fails, ensure you have served the correct notice. Send a formal letter or email giving at least 24 hours' notice, clearly stating the date, time and purpose of the planned property inspection. Keep a copy of this communication.
- Document everything: if the tenant still refuses, documentation becomes critical. Keep a detailed log of every attempt to arrange the inspection, including dates and times of calls, copies of letters and emails sent, and any responses received. A clear written record is vital evidence that you have taken all reasonable steps to fulfil your obligations.
- Legal remedies (last resort): if a tenant persistently refuses access, especially for essential maintenance or legally required safety inspections, you may need to escalate the matter.
- Apply for a court order: you can apply to the County Court for an injunction that legally compels the tenant to grant you access. This is often successful for mandatory checks but does involve costs.
- Serve a Section 8 Notice: most tenancy agreements contain a clause requiring the tenant to provide access for inspections and repairs, given reasonable notice. Persistent refusal can be a breach of this clause. You may be able to serve a Section 8 notice seeking possession on Ground 12 (breach of tenancy agreement). However, this is a discretionary ground, meaning a judge will decide if the breach is serious enough to warrant eviction.
Mandatory safety inspections
While a tenant can refuse a routine property inspection, the situation becomes more serious when it involves mandatory safety checks. Landlords have a legal duty to comply with safety standards, and a tenant refusing access does not remove this responsibility.
Gas safety inspections
Under the Gas Safety (Installation and Use) Regulations 1998, landlords must ensure all gas appliances, pipes and flues are safe and have a Gas Safe registered engineer perform a check annually.
If a tenant refuses access for a gas safety inspection, you must demonstrate you have taken "all reasonable steps" to comply. This means:
- Sending a minimum of three written requests to the tenant explaining the legal requirement.
- Keeping detailed records of all communication.
- If access is still refused, contacting the Health and Safety Executive to show you have attempted to meet your legal duties.
Failure to obtain a valid gas safety certificate can lead to substantial fines, imprisonment, and invalidate your landlord insurance.0
Electrical safety inspections
The Electrical Safety Standards (EICR) in the Private Rented Sector (England) Regulations 2020 require landlords to have the electrical installations in their rental properties inspected at least every five years. This is done via an EICR carried out by a qualified electrician.
If a tenant refuses entry for an EICR, the landlord must meticulously document all attempts to gain access. This evidence can be used as a legal defence if the local authority takes action for non-compliance. You do not need a court order to prove you were denied access for this defence to be valid.
What landlords look for: a property inspection checklist
Regular property inspections are not about spying on tenants; they are a vital tool for property maintenance. A thorough inspection helps identify small issues before they become costly repairs.
Here’s what a standard property inspection checklist covers:
- General condition and cleanliness: checking for general upkeep, tidiness and any signs of neglect that could lead to pest infestations or other problems.
- Structural integrity: looking for signs of damp, mould or condensation on walls and ceilings. Checking for cracks or damage to plasterwork.
- Floors, doors and windows: assessing the condition of carpets and flooring. Ensuring all doors and windows open, close and lock correctly.
- Kitchen and bathrooms: Checking for leaks under sinks and around toilets or baths, heating taps and showerheads and ensuring extractor fans are working to prevent mould. You should also check sealant around sinks, baths and showers.
- Utilities and safety features: a visual inspection of plumbing systems and the electrical system (e.g., checking for visible wiring damage or scorch marks on sockets). Smoke alarms, carbon monoxide detectors and fire extinguishers (if supplied) should also be inspected..
- Exterior: checking the condition of the garden (if it is the tenant's responsibility), gutters, drains and external walls.0
- Tenancy agreement compliance: looking for evidence of unauthorised occupants, pets (if forbidden) or smoking inside the property.
FAQs
How much notice does a landlord have to give for an inspection in the UK?
A landlord must give tenants at least 24 hours' written notice before visiting the property for an inspection or repair. The visit must be scheduled for a reasonable time of day.
What happens if a tenant refuses an inspection for essential repairs?
If a tenant refuses access for necessary repairs and the property's condition deteriorates as a result, the tenant could be found in breach of their tenancy agreement. They may be held liable for the cost of fixing the exacerbated damage. If the issue impacts tenant's safety, the landlord should document all attempts to gain access and consider seeking a court order.
Can landlords look in cupboards during an inspection?
A property inspection should respect the tenant's privacy. While a landlord can inspect the property, they should not go through a tenant's personal belongings. Opening integrated cupboards or closets to check for damp or structural issues is generally acceptable, but searching through personal belongings is prohibited.
How much does an EICR cost?
The cost for an EICR typically ranges from £100 to £300, depending on the size of the property, its location, and the complexity of the electrical system. Any remedial work required will be an additional cost.
How often should a landlord carry out property inspections?
Periodic inspections are normal. A first inspection is often carried out three months into a new tenancy, with subsequent regular inspections every six to twelve months. Too-frequent inspections could be considered harassment.
Expert legal support for landlords
When a tenant refuses inspections, the situation can quickly become challenging and, if unmanaged, may affect both tenancy management and the condition of the property. A measured approach - supported by clear communication, accurate records and adherence to the correct legal process - helps maintain compliance and reduces the risk of further disputes.
For property owners who are dealing with access issues or need structured guidance on their legal position, AST Assistance provides informed, landlord-focused support. Our team advises on inspection rights, tenancy obligations and the steps required to address refusal of access lawfully and effectively.
To discuss your situation and receive professional guidance, contact AST Assistance on 01706 619954 or submit an enquiry through our online contact form.
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