Landlord access to rented property is one of the most commonly misunderstood areas of tenancy law. A landlord does not have an automatic right to enter, and entering without proper notice or consent is a criminal offence under the Protection from Eviction Act 1977. This guide explains when a landlord can enter, what notice is required, and what to do if a tenant refuses access.
The general rule: 24 hours' notice in writing
Section 11 of the Landlord and Tenant Act 1985 implies a right for the landlord to enter to inspect condition or carry out repairs, but only after giving at least 24 hours' written notice to the tenant at a reasonable time of day. This right cannot be contracted out of in the tenancy agreement.
What counts as reasonable notice?
- Minimum 24 hours' written notice, oral notice is technically sufficient but harder to prove
- Access must be at a reasonable time of day: generally 8am–6pm on weekdays
- The purpose must be legitimate: inspection, repair, compliance check (gas safety, EICR), or viewing for re-letting or sale
- Email or text message notice is generally acceptable as 'writing' if the tenant has provided these as contact details
- The tenant does not have to consent to a specific time but must be given reasonable options
Emergency access, no notice required
In a genuine emergency, gas leak, burst pipe, fire, flood, or other immediate risk to health or safety, a landlord may enter without notice. The emergency must be real and serious. 'Emergency' does not cover routine repairs that could wait 24 hours.
- Contact emergency services first if there is immediate danger to life
- Document the emergency and your actions in writing immediately after entry
- Notify the tenant as soon as practicable after emergency entry
- If you enter and there was no genuine emergency, you may be liable for unlawful entry
What if the tenant refuses entry?
- You cannot force entry, doing so is a criminal offence under the Protection from Eviction Act 1977
- Send further written notice and requests, keeping copies of all correspondence
- If access is needed for a statutory obligation (gas safety check, urgent repair), explain this clearly in writing
- If the tenant continues to refuse, you may need to apply to the county court for an injunction
- Keep a full paper trail, evidence of reasonable attempts to gain access protects you if a safety incident later occurs
England/Wales vs Scotland
- England and Wales: 24 hours' written notice required under the Landlord and Tenant Act 1985
- Scotland: The Private Housing (Tenancies) (Scotland) Act 2016 requires at least 48 hours' written notice except in emergencies