Understanding The Landlord’s Right To Inspect A Property

As the owners of property, landlords naturally feel that they have the right to inspect the building whenever they deem necessary. While this is mostly the case, they also need to consider the privacy of their tenants and understand that unexpected inspections can lead to tensions escalating that could cause issues with the tenancy later on down the line.

So how do you go about handling inspections properly? Let’s take a look at some of the key points revolving around the issue of landlord inspections.

Reasonable Access

All landlords have the right to reasonable access of the property, but this may mean different things depending on the landlord. In many cases the tenancy agreement will provide detail as to each landlord’s particular interpretation of reasonable access, but on a general level it should cover things like having immediate access to the property in cases of emergency, such as when something needs to be fixed quickly.

Maintenance and Repair

Landlords or their associated also need to be able to access properties so that they can carry out relevant maintenance and repairs, or to empty fuel slot meters. Unlike with reasonable access, this access is not immediate and landlords need to have more consideration for their tenant’s privacy. Should you need to access the property for these purposes, the law states that you will need to provide at least 24 hours’ notice to each tenant who will be affected.

Room Cleaning

Some landlords may wish to provide a cleaning service, which adds an extra wrinkle into the issue of property access. If this is the case, it is crucial that there is a written agreement I place stipulating the conditions of entry and that the tenant has agreed to this room cleaning service. Without it, you will not be granted immediate access to the property. Consider having a legal professional look over an agreements you draft up so that you don’t run into any issues.

Reasonable Times Of Day

So let’s assume that you have provided your tenant with the necessary 24 hours of notice prior to entering the property for maintenance and repair work. When can you actually enter? There are actually some restrictions on this, as it is expected that you will visit the property at a “reasonable time of day.” This will generally differ based on the tenant but is a stipulation that is there so the tenant has the option of being present during your inspection and so they can tidy up or have a witness present if you don’t have a great relationship.

Bringing Others Into The Property

There may be occasions when landlords need to bring other people into the property. For prospective tenants you need to have written notice handed in by your existing tenant, and even then you can only allow others into the property for viewings once the existing leasehold reaches 28 days or less.

Even then, the landlord still needs to provide the existing tenant with the 24 hours’ notice required for a standard visit.

Exceptions

There are a few exceptions that can be made to the 24 hour rule outside of those previously mentioned. Examples of when immediate access is granted include:

  • When a smell of gas has been detected.
  • If there is a fire at the property.
  • There is a suspicion of criminal damage or activity at the property.
  • If the structural integrity of the property has been compromised and needs immediate repair.