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Can Property Managers Enter Your Home Without Permission?

As a tenant, one of the fundamental aspects of renting a property is the right to privacy within your home. However, navigating the boundaries between your rights as a tenant and the responsibilities of property managers can be unclear. Questions often arise regarding whether your letting agent has the authority to enter your home without consent. Understanding your rights as a home renter is essential for maintaining a positive agent-tenant relationship while respecting your privacy. Join us as we provide valuable insights into the legal framework of property management entering your home and potential situations where entry may be necessary.

  • Property Managers Responsibilities
  • Regulations on Letting Agent Property Access
  • Why Will a Property Manager Enter My Home?
  • Property Managers and Home Entry FAQs

Property Manager’s Responsibilities

Landlords may enlist a property management company to wholly or partially manage their property to maximise their investment.

Property managers offer a range of services. If, as a landlord, you opt for complete property management, then your letting agent will:

  • Advertise your property to potential tenants
  • Conduct a thorough tenant selection process
  • Create a tenant agreement
  • Collect rent payments
  • Clear communication with tenants and landlords
  • Conduct routine inspections on a property
  • Carry out maintenance and repairs

Letting agents offer many services, depending on which service level is right for you. However, once your property is occupied, your tenant has rights.

Regulations on Letting Agent Property Access

As a tenant, you may wonder to what extent a property manager is responsible for managing your property, especially regarding entering the premises without permission.

Quiet Enjoyment

All tenants have the right to ‘Quiet Enjoyment’. This means you have the right to live in your home without being disturbed by a landlord or their instructed letting agent. 

The right of quiet enjoyment is given to any legal occupant of a property, such as a tenant who has signed an Assured Shorthold Tenancy (AST) agreement. When a tenant signs an AST agreement, the landlord agrees to surrender the possession of the property for an agreed fixed term. 

Therefore, the tenant has the legal right to control other people’s access to the property, including the landlord or letting agent, unless a court order allows access. Therefore, people who enter your home without permission from you or the court are committing a criminal offence.

If someone wishes to enter your property, they must first seek your consent. When tenants sign a tenancy agreement, they automatically gain the right of quiet enjoyment.

The Landlord and Tenant Act 1985

While tenants have the right to control access to their homes, landlords or letting agents also have the right to enter a property. This is because landlords or their appointed letting agents must access a property to uphold their responsibilities and maintain its functionality and safety.

Section 11 from the Landlord and Tenant Act 1985 states that landlords or letting agents must notify tenants in writing of any necessary entry at least 24 hours before they wish to enter the property. If your landlord or letting agent has yet to serve you with the correct notice for your property, you, as a tenant, are free to accommodate their entry. 

Correct Notice for Requesting Access:

  • Noticed must be served and accepted at least 24 hours before the time of entry
  • This visit must happen at a reasonable time of the day that enables the tenant to be present for it
  • Information regarding who will be entering the property and why
  • Portrays respect for the tenant’s right to quiet enjoyment

Tenants should review their tenancy agreement to understand the specific terms regarding property access by letting agents and communicate any queries with the letting agent or landlord.

Why Will a Property Manager Enter My Home?

Moving Inventory

At the start of your tenancy, your landlord or letting agent will request access to the property to benchmark the home’s condition. At the end of your tenancy, they will conduct another inspection to determine if you are responsible for any damage. As a tenant, you can request a copy of each report or accompany the inspection.

Scheduled Property Inspection

Your letting agent has a right to inspect your property at reasonable intervals throughout your tenancy. This enables them to identify any maintenance or repair requirements during your tenancy before it turns into a costly renovation project. 

Repairs and Maintenance

It is the letting agent’s responsibility to maintain and repair a property. If damage occurs during your tenancy, you can request repairs be carried out. In this case, your letting agent must enter the property to assess the damage before starting the repair process. When the landlord needs professional work to be carried out, they may authorise workers to come and carry out repairs. These workers will then need to access your property to do the job.

Annual Gas Check

By law, your gas safety certificate must be renewed annually by performing a gas installation and appliance inspection. A certified Gas Safe Register engineer must carry out this inspection and will need access to your premises.

Arrange Viewings

When your tenancy agreement ends, your letting agent may start readvertising the property to prospective tenants to avoid empty periods. Your letting agent will need access to show prospective tenants around the property, and they may request that your property be clean and tidy for viewing.

Emergency Situations

Your letting agent may need immediate access to your property in an emergency. In these circumstances, they will not need to request permission to access your property. This is rare and will only happen when the safety of the occupants or property is at stake, for example:

  • A gas leak in which gas can be smelt from outside the property
  • A fire inside the property
  • Flooding coming from inside the property

Structural damage that needs urgent attention

  • Criminal or violent incidents within the property

Property Manager Home Entry FAQS

Can property management companies enter your apartment?

Whether you rent a house or apartment, the same regulations apply regarding property management entry. Property managers must request access at least 24 hours in advance except in emergencies.

Can a property manager enter my house if I am not present?

Letting agents should only access your property if they have received your permission. If your letting agent is found to be entering your property while you are not home and without permission, they are trespassing. Your letting agent may need immediate access to your property if you are not present and there is an emergency, such as a fire, but this is an infrequent occurrence.

How can I protect my privacy as a tenant?

As a tenant, it is vital to review your tenancy agreement to understand your rights regarding property access. Communicate with your letting agent about entry preferences. You may seek legal assistance if you believe your privacy rights have been violated.

Learn More About Property Management with LevelUP

At LevelUP, we provide various property management services to satisfy landlords and tenants. Our expert team is well-versed in the responsibilities and regulations surrounding property managers, and we pride ourselves on going the extra mile to ensure tenants feel safe and secure in their homes. We appreciate the importance of privacy and your right to quiet enjoyment as a tenant. Contact us today to learn more about our property management services, and trust us to provide you with an outstanding experience.

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