What Are My Access Rights As A Landlord in West Sussex

Can a Landlord let themselve in to a property that they legally own, which is tenanted?  Being a Landlord can be a minefield which sometimes may not make sense, however making a mistake can be costly.  If you want to let a property out, it is important to know all the laws that apply to private rental sector.

If you are a Landlord in West Sussex, you might be wondering if your Tenants have the right to refuse you entry into your own property if and when you request it.  Here at Greenaway Residential Estate Agents & Letting Agents, we often meet Landlords who are uncertain of their rights, so here is our expert guide to help you understand your legal position.

I own the property – can I enter it whenever I want?

Many Landlords make this mistake, and it is a common one that many Landlords make.  Although you are the legal owner of the property, when you enter into a rental agreement with a tenant, you have effectively given the tenant the right to use and live in the property with complete privacy.

Even though you are the owner of the property, the tenant also has rights when it comes to that property.  The “covenant for quiet enjoyment” is a legal term that basically means your tenant can live in your rental accommodation without you (or your letting agent) hassling them.

Furthermore, once you have granted the tenancy, you cannot expect to legally treat the property as your own.  With this in mind, it may appear that you are unable to enter the property if your tenant refuses to allow admission.  However, there’s a lot more to be considered.

The Landlord’s Right to Enter

Your tenants may have an entitlement to “quiet enjoyment” of your rental property, but you do still have the right of entry in certain circumstances.  There are three reasons you can enter the accommodation:

To inspect it.

To carry out repairs or address an emergency such as a fire, flood, criminal activity, or structural damage.

To provide a service such as gardening or cleaning (these instances must be covered within your tenancy agreement or as a signed addendum).

Must I Give The Tenants’ Notice to Enter?

In general, you must let your tenants know that you (or your representative) will be entering the property at least 24 hours before you do so.  However, you can enter your property legally with no permission or notice in an emergency.

Can The Tenant Refuse Me Entry?

A tenant can refuse to let you into the property, but in most cases if you offer them the opportunity to change the date and time, the problem can be solved quickly and easily.  Occasionally though, landlords may encounter a tenant who refuses access repeatedly.  If this occurs, landlords have a few options open to them.

Negotiate. The first course of action that any landlord should take is to talk to their tenant and try to arrange an alternative day and time.  Sending emails is the best way to ensure you have digital evidence should the matter escalate at a later stage.

Tell the tenant they will be liable for costs if there is a deterioration of the property’s condition due to the denied access.  The tenant should also be told that the landlord will no longer take responsibility for any damage to the tenant’s property or injuries to the tenant themselves if it is caused due to the refusal of access.

Take legal action.  If the of the above efforts fail, the next step is to seek advice from a solicitor.  In a worst-case scenario, a court order can potentially be obtained to evict the tenant.

Why Can’t I Just Enter My Property, Even If The Tenant Refuses?

It is very unwise to enter your rental property if the tenant(s) has not permitted you to do so since it would represent an abuse of your tenant’s trust.  You could also be putting yourself at risk of an accusation of property damage or theft which could be very difficult to disprove.

At Greenaway Residential Estate Agents & Letting Agents, we are highly experienced in rental property management in West Sussex, Surrey and Kent.  If you are experiencing issues with a tenant, please contact us to discuss.  We can either advise you what to do, or recommend tried and tested legal professionals to you.

Greenaway Residential Letting Agents In Crawley 01293 561188

Greenaway Residential Estate Agents In East Grinstead 01342 777977

Property Management 01293 561789

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