Right of entry
There are a number of situations in which it is possible for parties other than the owner or occupier of a property to gain access to it:
- A warrant of entry can allow local authority officers to seize noise-making equipment.
- Energy suppliers may obtain a warrant from the Magistrates Court to enter a property under the Rights of Entry (Gas and Electricity Boards) Act 1954.
- The Town and Country Planning Act 1990 allows local planning authories and Justices of the Peace to authorise named officers to enter land for enforcement purposes. Ref https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7711/319612.pdf
- There is a statutory right (power of entry) for state officials such as a police officer, local authority trading standards officers or enforcement staff of a regulatory body to enter premises for specific purposes, such as undertaking an inspection, dealing with an emergency or searching for evidence during an investigation. Ref https://www.gov.uk/guidance/powers-of-entry
- The Party Wall Act allows access to adjoining property for the purposes of carrying out works under the Act whether or not the adjoining owner gives permission, however they must be given 14 days notice. For more information see: Party Wall Act.
The situation regarding landlords is more complicated.
Tenants have a right to ‘quiet enjoyment’ of their property. This provides the tenant with the right of possession during their tenancy, with the entitlement to enjoy the lawful use and benefit of the property free from the landlord’s interference. For more information see: Quiet enjoyment.
As a result, landlords or their agents may not enter a property without permission from the tenant Irrespective of what it might say in the lease agreement. They do have the right to ‘reasonable’ access to carry out repairs, and they have a legal obligation to carry out certain works, inspections and repairs, but they must give written notice of at least 24 hours, and the tenant must still grant them access. If they do not grant access, the landlord cannot force entry without permission unless there is an emergency.
If permission is not granted, the landlord can make an application to the courts for an injunction to enter the property without the tenant’s permission.
See also: Right to access land.
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