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Landlord's right of entry

Can a landlord come into the property without notice?

Landlords | Information for Landlords | 07/05/18

A Landlord’s right of entry into the property according to the housing act 1988 highlights that privacy is key, t’is real important that landlords understand that.So knowing how to go about entry into the property is a must as you want to avoid any forms of tension or problems.


You must know your rights of entry, so both parties must show a good form of mutual respect. It’s key to keep things mutual, as both landlord's and tenant's rights may seem like they clash but both parties are in different situations, meaning they both have different needs, so knowing this causes less room for error. We have stated some aspects within a landlord’s right of entry according to the Housing Act 1988, so let’s see what we can dig up.


Inspections

The biggest problem is the misunderstanding of the fact that within the Landlord’s right of entry, as a landlord they are entitled to inspect or view the property they own. It’s perfectly understandable that the Landlord’s will need to visit the property at times.So it is real important that you give your tenant a heads up, at least 24 hours, this is also known as the Entry notice to the tenant prior to when you wish to visit. This is a requirement by law, so if this is not followed, the tenant can refuse you entry due to their rights. So it’s important that you discuss this within your rental agreement.


Emergency Access

When coming to emergencies, a landlord is able to enter the property without having to provide an entry notice to the tenant. This is according to the Housing Act 1988. It’s not always so clear what classes as an emergency but we can imagine the following:



•The property has caught fire
•Gas leaks
•Property has been flooded
•Criminal activity

Maintenance and repairs

The landlord’s right of entry also factors in when coming to repair or maintain the property. This may have been discovered from a previous inspection, so with that an arrangement will need to be made in order for the problem to be rectified. A 24 hour entry notice to the tenant must be provided before entering the property.


Cleaning services

This right depends on the rental agreement between both the landlord and tenant, only if it is stated that a cleaning service is provided within the rental agreement. If there is also a wide number of tenants within the property, it will not affect the landlord’s right of entry, as they’re entitled to enter and provide the necessary service according to the Housing Act 1988.


Annual safety check

It is required by law for the Landlord to make safety checks within the property. This will need to be mentioned within the rental agreement. Things like an annual gas safety check are needed, in order for the certificate of safety to be awarded.This will need to be performed by a professional as they are trained and qualified to do so.


Viewings

As the landlord you are entitled to bring people to the property, this could be for a new person to replace your current tenant in the near future. So with this you will need to also make sure you provide an entry notice to the tenant 24 hours before you arrive.


Despite there being many legal formalities to follow, this can be done on a rather informal basis, as landlords can communicate with tenants via phone call, text and email. This all depends on the relationship between you and the tenant. It’s especially important for you to discuss this within your rental agreement. If you wish to seek deeper insight please read into the landlord’s right of entry according to the: Housing act 1988.




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