Landlords have the right to check their properties to ensure they’re well-maintained and meet the terms of the tenancy agreement, but tenants are also entitled to privacy in their homes. Finding the right balance is key. In this guide, we’ll explain how often landlords can carry out inspections and what the law says about it.
How often should a landlord inspect a property?
Landlords usually inspect properties every three to six months. This can vary depending on circumstances like the length of the tenancy or any concerns around the property's condition.
Factors for landlords to consider:
New tenancies: For new tenants, landlords may inspect after the first three months. This can address any concerns early and make sure the property is in good condition.
Long-term tenants: With trustworthy tenants, inspections might be reduced to once or twice a year to avoid being intrusive.
High-risk properties: Homes of multiple occupancy (HMOs) or properties with a history of damage may require more frequent inspections to prevent problems from escalating.
Are there statutory limits on property inspections?
In the UK, there are no specific limits by law on how often a landlord can inspect a property. However, landlords must comply with legal principles and tenant rights. There's no legal cap on the number of inspections but landlords must act morally. Too many inspections could impact the tenant's right to quiet enjoyment of the property, a key legal principle under tenancy law.
Are there laws around the number of inspections?
Yes, these are the UK laws that protect both landlords and tenants with property inspections:
Housing Act 1988
The Housing Act 1988 and most tenancy agreements require landlords to give at least 24 hours written notice before entering the property for non-emergency inspections. Entering without notice, even for an inspection, could breach tenancy laws and result in legal consequences.
The tenant's right to quiet enjoyment
The tenant’s right to quiet enjoyment is a principle of tenancy law in the UK. This protects tenants from unnecessary interference by landlords or others. Tenants have a legal right to live in their rented property without disturbance, harassment, or intrusion.
The term ‘quiet enjoyment’ refers to the tenant’s right to:
Use the property without interference from the landlord or anyone acting on their behalf.
Be protected from actions that disrupt their living conditions. This could include unannounced visits and harassment. Also, any changes to the property without proper notice or consent.
Maintain control over their rented property as their home during the tenancy.
Does a landlord need to give notice?
Yes, landlords must give notice before inspecting a property. In the UK, the standard requirement is a minimum of 24 hours’ written notice.
Best practices for giving notice:
Use written communication such as email, letter, or text
State the date, time, and reason for the inspection
Make sure the timing is reasonable (normal working hours)
Can a landlord enter without permission?
No, a landlord can’t enter a tenant’s property without permission, except in emergencies. Entry into the property without telling the tenant is a breach of the tenancy agreement and could result in legal consequences.
Emergencies where entry may be allowed
Gas or water leaks
Structural damage that poses an immediate threat
Fire or other life-threatening situations
Outside of emergencies, landlords must always arrange access with the tenant’s consent. If a tenant refuses access, landlords may need to seek legal advice or, in extreme cases, apply for a court order.
What happens if you fail an inspection?
Failing a property inspection means the tenant has not followed the terms of their tenancy agreement. This could include issues like damage and cleanliness problems. You may have made changes to the property without permission.
Possible outcomes of failing an inspection
Notification of issues: Landlords may issue a formal letter outlining the issues with a deadline for them to resolve this.
Deductions from the deposit: Landlords might claim part of the security deposit at the end of the tenancy if damage has occurred.
Legal action: In severe cases, landlords may try to evict the tenant under breach of contract.
Tips for tenants
Communicate openly: If you’re unable to fix issues before an inspection, tell your landlord in advance.
Follow the tenancy agreement: Maintain the property and ask before making alterations.
💡Editor's insight: "As a landlord, it’s important to keep an inspection record to help keep track. You can monitor issues and record the condition of the property when you go to inspections. If you then do need to take further action if problems are not resolved, you then have written evidence of the inspections.”
Is there a possession ground for refusing landlord inspections?
Refusing to give access to a landlord for inspections is not on its own a possession ground under UK law. However, if you refuse on more than one occasion, there may be legal and contractual implications. This could lead to a possession order in specific cases. Here are some of the relevant grounds for possession:
Breach of tenancy terms: A landlord may apply for possession if there is a breach of the tenancy agreement. This is under the Ground 12 of the Housing Act 1988. The court will consider whether it is reasonable to grant possession which is known as a discretionary ground.
Health and safety concerns: An inspection refusal that stops landlords from completing legal responsibilities is a possession ground. This could be gas safety checks or maintenance. Failure to sort out these issues could cause legal action.
Final thoughts
Landlord inspections are a crucial part of property management. They make sure homes are safe, well-maintained, and compliant with tenancy agreements. While landlords have the right to inspect their properties, tenants also have the right to privacy and quiet enjoyment.
By following tenancy agreements and maintaining communication, landlords and tenants can make sure property inspections go smoothly. Looking for legal advice? Get in touch today to see how our landlord and tenant solicitors can help you.
References
Private renting from Gov.UK
Understanding your tenancy agreements from Citizens Advice
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified accountant or business advisor. Bear in mind that tax rules can change and will differ based on your circumstances.