Last edited 18 Mar 2020

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:

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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