In the first instance check what it says in your Tenancy Agreement as to what you agreed regarding landlord access to the property. Beyond that the key pieces of legislation that cover landlord access are as follows:
- Landlord and Tenant Act 1985 S9A (7) & (8) – Fitness for human habitation – There is also implied a covenant by the lessee that the lessor, or a person authorised in writing by the lessor, may enter the dwelling for the purpose of viewing its condition and state of repair. Entry to the dwelling to be permitted only at reasonable times of the day and only if at least 24 hours’ notice in writing has been given to the occupier of the dwelling.
- Landlord and Tenant Act 1985 S11 (6) – Repairs – In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.
- Housing Act 1988 S16 – Access for repairs – It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.
Consent
None of the statute requires affirmative/express consent to be given; passive compliance following notice is legally sufficient.
The Housing Act 1988 S16 imposes a statutory duty on the tenant to afford access, rather than requiring the landlord to secure express consent. While the statute obliges the tenant to provide access for executing repairs, it does not give the landlord the legal right to force entry if the tenant explicitly refuses entry. Entering over an explicit refusal (even for a valid repair under Section 16) constitutes common law trespass and breaches the covenant of quiet enjoyment.