Under the Landlord and Tenant Act 1985 landlords or their agents are subject to the provisions of section 11 of the Landlord and Tenant Act 1985 which grants them the right to access the property for the purpose of viewing its condition and state of repair. The Landlord and Tenant Act 1985 requires the landlord or its agent to give not less than 24 hour written notice to the tenant before attending the property. The Landlord and Tenant Act 1985 also states that the access must be at a reasonable time of the day.
According to the Landlord and Tenant Act 1985, if the landlord wants to enter the property for any other reason, for example, to show round a prospective purchaser, the landlord can only do this with the tenant’s agreement. The Landlord and Tenant Act 1985 grants the tenant the right to refuse permission if the date/time is inconvienient. The tenant should not refuse without good grounds.
Under the Landlord and Tenant Act 1985, if the tenant refuses to allow the landlord access at all, the tenant will be in breach of contract. In certain circumstances (for example if the property is obviously in disrepair) this may entitle the landlord to apply for an order for possession. The Landlord and Tenant Act 1985 make clear that landlords should not enter the property without the express permission of the tenant. The Landlord and Tenant Act 1985 further states that in the event a tenant has given permission, but has told the landlord that they will not be present at the property, it is recommended that landlords are accompanied by a third party for the purposes of witness.
One Response to “A Landlord’s right of access to the property as set out in the Landlord and Tenant Act”
Leave a Reply