Under the Landlord and Tenant Act 1985 landlords can use their right to inspect properties to detect and resolve issues early, which helps keep homes safe and habitable. For tenants, these inspections also result in landlords being more likely to meet their legal obligations to repair and upkeep properties. 

However, inspections must balance this need with tenants’ rights to privacy and quiet enjoyment, both of which are protected under tenancy agreements and housing law. Landlords must provide tenants with at least 24 hours’ written notice before entering the property, and visits must take place at a reasonable time. If the notice falls under 24 hours, or is deemed unreasonable, then tenants can deny access, owing to their right to privacy. 

Whilst the notice period is black-and-white – as it should appear in the tenancy agreement – the reasonableness is not, which can lead to disputes over access, that can grow to legal challenges. This is especially common if tenants feel their right to quiet enjoyment has been violated. As a tenant, it is not easy to know whether your rights have been infringed upon, or where to draw boundaries – especially with the looming risk of the not-yet-banned no-fault evictions. Despite this, landlords who fail to respect these boundaries risk claims of harassment or breaches of tenancy agreements, even if the inspections are well-intentioned. Therefore, there needs to be a balance between the frequency of inspections and the tenant’s right to privacy.

Is there a recommended frequency of inspections?

There is no statutory requirement dictating how often landlords should inspect their properties. Man landlord advice sites recommend every six months or annually. Three months has also been recommended online – with some citing this as the threshold to what could be considered harassment.

Landlords may conduct an initial inspection within the first three months of a new tenancy to establish the property’s condition and address any early issues. This is an opportunity for the tenant to raise any concerns and squash any problems that could grow into costly or damaging problems later on. 

It must be said that certain factors may justify more frequent inspections. Older properties, or those with a history of maintenance issues, may require closer monitoring. However, this should be outlined in the tenancy agreement. If the landlord sets clear 

expectations in the tenancy agreement and communicates openly with tenants, they can conduct inspections responsibly and maintain trust.

Using inspections to report disrepair to your landlord

Property inspections are an opportunity tenants to signal disrepair to landlords that could worsen if left unresolved. Issues such as damp, mould, structural damage, or malfunctioning systems like heating or plumbing can significantly affect tenants’ quality of life. Regular inspections allow landlords to assess the property’s condition, identify emerging problems, and plan necessary maintenance.

The advantage of pointing these out – whether it is during one of the agreed regular inspections or not – is that once disrepair is identified, landlords have a legal obligation to carry out repairs within a reasonable timeframe. If the landlord fails to act quickly, disrepair can lead to further damage, increased repair costs, and if it affects the tenant’s quality of life, a housing disrepair claim. 

Reacting to unfair inspections

Tenants who feel their rights are being infringed by frequent inspections or inadequate action on disrepair can take several steps to address the situation. Keeping a written record of all communications with their landlord is the first step, as it keeps evidence of all agreed notices and inspections. If the landlord fails to provide proper notice for inspections or conducts them too often, tenants can raise a formal complaint using the landlord’s internal procedure.

If the issue remains unresolved, tenants can seek advice from organisations such as Shelter or Citizens Advice, or escalate the matter to legal experts, especially in cases of persistent disrepair or breaches of privacy rights.

By Nadeem Vali, Partner and Head of Housing Disrepair at Graham Coffey & Co. Solicitors