During a tenancy (or Welsh occupation contract) one of the most important things that landlords should do is a negative. They should leave their tenants in peace to live in the property without interference.
However, they should also be allowed access to inspect it periodically and carry out any necessary work.
The importance of property inspections for landlords
Although, in a sense, tenants ‘own’ a property during a tenancy, their rights are not unfettered:
- Tenants are bound by the terms of their tenancy agreement, and
- They have an obligation to look after the property in a ‘tenant-like manner’ (pursuant to Lord Denning’s judgement in the case of Warren v. Kean), and
- They are legally bound to provide landlords access for inspections and repair works
Why is this important?
It is important because landlords have legal obligations towards their tenants which they cannot carry out if tenants won’t let them in.
Here are seven:
1 Gas Safety Inspections
This is probably the most important obligation. Landlords must arrange for all gas appliances, fittings, chimneys, and flues to be inspected annually by a gas installer registered with the Gas Safe Register.
If this is not done, then landlords can be prosecuted.
But more important that that, if gas appliances are allowed to deteriorate, they become dangerous. This can threaten neighbouring properties as well as the tenant’s property.
Most years, you will find an item in the press somewhere about an explosion taking place that damages and/or destroys several properties. In most cases, this will be due to a failure to keep gas appliances in repair.
So, if tenants refuse to allow their landlord access to the gas safety inspection, they are putting others at risk, as well as themselves and their landlord’s property investment.
It seems bizarre (as the inspections are for their benefit and don’t cost them anything) but many tenants do refuse access. Often, the only way a landlord can force them to comply is to apply to the court for an injunction (these are known as ‘gas injunctions’).
But this is expensive and time-consuming. Why should landlords have to do this when the inspection is for the tenant’s benefit, and, by their failure to comply with the law, they are potentially putting neighbouring properties at risk?
2 Electrical inspections
It is only fairly recently that landlords have been required to carry out these inspections, and they are less frequent at five years.
However, they are equally important. Landlords can be prosecuted if they fail to comply (even if the non-compliance is down to their tenant’s refusal to let them in).
Plus, dodgy electrics can cause fires that can spread to neighbouring properties.
3 Property Inspections – repair and other necessary works
Landlords are under legal obligations to keep the property in repair and ‘fit for human habitation’. To enable them to do this
- Section 11(6) of the Landlord and Tenant Act 1985 provides for landlords to be entitled to enter the property ‘for the purpose of viewing their condition and state of repair’ so long as the occupiers have been given not less than 24 hours written notice, and
- Section 16 of the Housing Act 1988 says tenants must allow landlords access and ‘all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.’
The problem is, that the tenants’ right to exclude everyone, including landlords (save those with special rights such as police with a search warrant) under the tenants ‘covenant for quiet enjoyment’ overrides the landlord’s statutory rights.
Making it difficult sometimes for landlords to carry out their legal obligations.
Landlords need to inspect regularly to ensure that the property condition is up to standard and compliant with their legal obligations. Minor problems can often become major problems and considerably more expensive to rectify if not dealt with promptly.
4. Property Inspections – Insurance
Most landlord insurance policies now require landlords to carry out a specified number of property inspections per year.
If this is not done, this could put the landlord’s insurance at risk.
5. Property inspections – unauthorised occupiers and HMOs
Landlords have additional management obligations and, in many cases, need to obtain a license from their Local Authority if their property is an HMO.
However, there are many unauthorised HMOs. HMOs, which landlords are totally unaware of, because tenants have taken in lodgers or allowed friends or partners to move in with them. In most cases, in breach of the terms of their tenancy agreement, and without notifying their landlord first or asking for permission.
- If a property has three or more occupiers forming two or more ‘households’ it will in most cases be an HMO
- If it has five or more occupiers forming two or more ‘households’ it will be (in England) a licensable HMO (different rules apply in Wales).
- Some properties will be licensable with fewer occupiers.
If unauthorised occupiers make the property subject to licensing, then landlords will have to act, either to get the unauthorised occupiers to leave, or to obtain a license. Otherwise, they risk fines and prosecution.
However, most licenses are expensive, and Local Authorities usually require expensive renovation work as a condition of granting it. Which is why it is important to many landlords to limit occupation numbers so their property will fall below the limit.
There is also the problem, where the property is already a licensed HMO, that licenses often limit the number of occupiers. If tenants move in unauthorised occupiers, this again can put the landlord at risk of prosecution and potentially losing his license.
So landlords need to carry out regular inspections to check that there are no unauthorised occupiers.
6. Property inspections – illegal conduct
It is not unknown, and indeed is quite common, for rented properties to be used for illegal purposes.
One of the most common is conversion to a cannabis farm. This can cause extensive damage to the property – and is probably the main reason why so many insurance companies now require regular inspections.
Total conversion of a property to a cannabis farm is not the only problem. Many tenants, in order to make a bit of money, will grow cannabis plants in lofts and cupboards. Not only can this cause damage to the property, but if a landlord ‘turns a blind eye,’ he can become liable himself under the Misuse of Drugs legislation.
Other illegal uses of property include criminal call centres, selling illicit and contraband goods and ‘knowingly permitting’ fly-tipping waste.
7. Green upgrades
This is less important at the moment, but landlords are going to be obliged to upgrade their properties to at least a C energy rating by 2030. Otherwise, penalties may apply.
Landlords will, therefore, need access to get these works done. If there are problems and the works are delayed, this could cause landlords
- To lose any grants or low interest loans if these are time limited,
- To become liable under any penalties that may be imposed.
Why inspections are important
These seven reasons explain why it is so important that landlords be granted access for regular inspections and to carry out any necessary works.
Otherwise:
- The property can be put at risk of serious damage (particularly if there are dangerous gas appliances or dodgy electrics)
- Neighbouring properties can also be put at risk of serious damage
- The tenant’s conduct may make landlords liable for failure to obtain an HMO or other license, or be at risk of losing the license they already have. and
- Landlords may become liable under the criminal law for some tenant criminal activities
- It may invalidate the landlord’s insurance policy, and
- They will be unable to carry out the green upgrades that are necessary if we are to comply with our net zero obligations
A new ground for possession
This is why I am suggesting that the Renters Reform Bill should include a new ground for possession of failing to allow the landlord reasonable access for inspections and/or repair, upgrade or other necessary works.
Although tenants are required to allow access for landlords to inspect a property’s condition and carry out repair work under the legislation discussed above, these obligations do not carry any ‘teeth’. Tenants can, in most cases, ignore them with impunity.
Landlords can only really enforce them by applying to the Court for an injunction. An expensive and difficult procedure.
But why should landlords be put to this expense, where tenants are obstructive, simply to carry out their legal obligations?
This is why the government should consider including failure to allow reasonable access as a ground for possession.
Tenants may be more willing to comply if the alternative is eviction. Eviction under this rule should not put pressure on Local Authorities for rehousing as the tenants would be deemed ‘voluntarily homeless’.
I would hope that tenant organisations will agree that this is a reasonable ground for eviction that would not put most tenants at risk.
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