This is always a tricky subject. Landlords want to gain access to inspect the property and keep an eye on what their tenants are doing. Tenants want to be private and resent landlord intrusion. Often they enforce their privacy by changing the locks (By Tessa Shepperson).
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What are landlords rights?
The place to start is the covenant of quiet enjoyment. This is a fundamental clause in all tenancy agreements. It is nothing to do with being quiet and enjoying yourself. It means that the tenant has the right to live in the property undisturbed by the landlord.
This is because the property, during the tenancy, belongs to the tenant. The landlord, normally, has no right of access.
However what about the landlords right to inspect?
Under s11 of the Landlord and Tenant Act 1985 landlords have to comply with various repairing obligations. However s11(6) authorises the landlord, at reasonable times of the day, and on giving 24 hours notice in writing, to enter the property for the purpose of viewing its condition and state of repair.
There are a few points to make here. First
- it must be at a reasonable time
- at least 24 hours notice in writing must be given
- access is only allowed for the purpose of viewing the property
You can also go in, in a genuine emergency, for example if it is on fire.
So what do you do if the tenant refuses his permission for you to enter, even for legitimate inspection purposes? Some lawyers say that s11(6) allows you to use your keys to go in even if the tenant does not want you to, so long as he is not actually there saying ‘No’. I have to say though that I disagree with this.
Even if you are strictly entitled to go in, I think it is a gross breach of someones privacy to do this, if they have specifically asked you not to. Not only are you laying yourself open to a charge of harassment, the tenant may also maliciously accuse you of theft or damage of his possessions. It will be difficult for you to refute this.
However this does not mean that there is nothing you can do! I always suggest that you write to the tenants saying
- That the inspection is so that you can ascertain if any repair work needs doing. If work does not get done due to their failure to let you in to inspect and then do the works, you will hold them liable for any additional repair costs which fall due (eg because the property has deteriorated), and
- If they suffer any personal injury as a result of any disrepair which you would otherwise have dealt with, they will not be able to hold you liable for this, as it is their fault that the work did not get done
A similarly worded letter can also be used if tenants refuse to let you in for the annual gas check.
I also think that you should seriously consider eviction of tenants who are obstructive about letting you inspect and carry out essential repair works. So the letter could be accompanied by a section 21 notice.
If you think that it is imperative that you inspect and/or carry out repair work asap, my view is that you should have the protection of a court injunction before going in. Although if you tell the tenants that you are on the point of applying for an injunction and that they will be held liable for the costs, they may change their mind about letting you in.
What if they change the locks?
This really depends on why they do this. If they have changed the locks because you are continually going in without permission, then my view is that they have every right to do this. If it is technically in breach of the terms of their tenancy agreement, well you were in breach (of the covenant of quiet enjoyment) first.
If there is no reason for them to change and they are just being bloody minded, then I have heard it said that technically removing the lock from the door can be classed as criminal damage. You may be able to get the police interested in such a charge although they are more likely to class it as a ‘civil matter’ and refuse to interfere.
Probably the first thing to do is to write a nice letter saying that you notice that the locks have been changed and can they please let you have a set of keys (assuming your terms and conditions provide for this). You could also point out to them that it is to their advantage, as if they lose their keys, as it is cheaper to have a new key cut from the ones you hold than to get the locks changed. If there is a genuine reason for changing the locks they will probably let you have a set.
Otherwise my view is that it is best to let it go, and if you are unhappy with them as tenants, just concentrate on getting them out as soon as possible.
Or, if the tenants are otherwise good tenants, let you in for inspections and so on, then just leave it and charge for a replacement lock if they do not provide you with the keys when they vacate.
Its a question of trust
It is important to remember that a rented property is someone’s home and not just an investment. After all, would you feel comfortable if you thought that a set of keys to YOUR home, was hanging on a hook in an office on the High Street where (for all you know) any Tom Dick and Harry can get hold of them?
Most landlords and agents will (I hope) keep keys secure, but do your tenants know this? Do they trust you? If they don’t, then it is understandable perhaps that they may not want you to be able to enter their home at will.
Tessa Shepperson of www.landlordlawblog.co.uk
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