As a landlord, you always hope and expect you’ll never have issues trying to access the property you own.

However, that’s not always the case. We have helped a number of clients navigate the complexities of entering their property and understand their rights as a landlord as well as their tenants’ rights to refuse them access.

Here is an example of how somebody might find themselves needing legal advice to gain access to their property.

I need to inspect my property – what do I do?

I have been a landlord for commercial property for about 10 years now. I’ve had various companies (mainly small start-ups) come and go as my tenants over the years and never had any serious problems until now.

I was due to perform my routine inspection of the property, I typically do one every six months or so just to check there is no damage to the property and to ensure that the space is fit for the business my tenants conduct, but I’m happy to do them more regularly if my tenants request it.

As a landlord, I know it’s my responsibility to maintain and repair the property when necessary, so I can address any issues before they become severe and cause major issues for my tenants and the future of my business.

Even though I’m only required to give 24 hours’ notice before I visit the property, I prefer to give them a few extra days’ notice so they can make any additional arrangements – like ask their employees to work from home – if necessary or we can work out a suitable day that suits us both.

I initially reached out to my tenants (an IT service company) through WhatsApp – our typical form of communication for things like this – to see if we could arrange a convenient time for my inspection.

I left it for a day, but I received no response. After several other attempts through phone calls and emails, they still did not get back to me to grant me permission to enter the property.

At this point, I was getting a little worried, so I decided to drop by the office in person. When I got there, they did not let me past the doorway, and I was told by the owner that they were too busy at that time and wanted to do it in a couple of weeks instead.

I agreed with this arrangement and told them I’d be in touch again in a couple weeks’ time to set a new date, but again when this time came around, I was faced with the same avoidance.

I was becoming increasingly anxious, I just wanted to ensure that the property was safe for my tenants and check that it adhered to all regulations. I did not want to be penalised for anything that could be wrong.

I noted down all the dates and times I attempted to make contact with the business along with their responses or lack thereof. I also made sure to take pictures of the outside of the property where I noted minor damage to one of the windows.

When I decided to take legal action

After three weeks of being constantly rejected due to their business being “too busy” to take time to let me complete my inspection, I decided it was time to consult with my legal advisor.

I did not want to be accused of harassment and get myself into trouble for just trying to conduct a basic inspection of my own property.  

After reviewing my case, I was advised that there were a few options available to me, one of which being that I could seek a court injunction to gain access to the property without needing my tenant’s permission. It wasn’t an option I took lightly, but at this point, I felt this was the best choice for me.

I first sent a letter to the tenants addressed to the owner of the company who has always been my given point of contact as a final notice saying that they will be responsible for any deterioration of the property resulting from my inability to make repairs and I will not be liable for any injuries caused by damaged items.

I also informed them of my intention to apply to the court for an injunction to gain access to the property.

After once again receiving no response to my attempts to access the property, I applied for an injunction with the assistance of my legal advisor.

I was able to provide my evidence of all digital communication between my tenants and myself, along with the photos I took of the exterior and the dates and times I visited the property and was turned away.

I was also able to get a signed statement from the contractor I used the last time the property needed repairs when there was an issue with the toilet flush, stating what they observed when they were in the property.

Finally gaining access to my property

Going through the court process was stressful. I was so anxious that the judge would rule against me, and I would end up back at square one.

Thankfully, this didn’t happen and after presenting all the evidence I gathered of my previous efforts to access the property, the judge granted me my injunction and I was finally able to go to my property with the legal order.

I think it was only when my tenants saw the order that they realised the seriousness of the situation and let me into the office.

When I got inside the building, I saw several maintenance issues that I needed to address, like the broken bathroom door lock and damaged ceiling panels. Luckily none of the issues were too major, though I did end up needing to replace that window I’d spotted from outside.

Reflection on the issue

Looking back on the whole situation, I’m glad it went as smoothly as it did even though it was a long and frustrating process, I did eventually gain access and the damage wasn’t too severe.

I’ve heard some terrible horror stories from other landlords I know in the area.

The process has reaffirmed for me how important meticulous documentation is and how important it is to know my rights as well as the rights of my tenants.

I hope it’s something I never come across again, but if it does at least I’ll be more prepared to handle it.

How can we help you?

If you find yourself in a similar situation, please don’t hesitate to get in touch. There are many options available to you if your tenant is in breach of its lease and we will be happy to discuss these fully to determine which is the best option in your case.

We are legal experts here to advise you on all you need to know about navigating the complexities of being a successful landlord and ensuring your compliance with all regulations at play.

If you have any further questions regarding your rights as a landlord you need some legal advice, please contact our team.