Entry and Refusal
4.3 Entry and Refusal
Tenants have a right to quiet enjoyment of their accommodation.
Even if the landlord gives proper notice of a visit, the tenant may still
legally refuse access. If a tenant refuses access the landlord should try and
find out why before resorting to legal action. It may simply be the timing of
the appointment and the fact that the tenant is unable to get time off work
- in which case an evening or weekend appointment could be arranged.
A formal letter before any legal action may be useful. A letter should also
advise that costs would be awarded against the tenant in the event that the
court made an order for access. An order would be made for an inspection
on a given time and date.
Only if the tenant will not make alternative arrangements or where
persistent delays occur that can compromise the ability to fulfil legal
obligations should a landlord consider terminating the tenancy using the
prescribed legal process or seek a court order to secure access.