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Question

Entry and Refusal (England)

Access for contractors

20 Jan 2017 | 1 comment

Just wondering what position we are in as landlords when it comes to tenants providing access for contractors.

The tenant is not refusing access.

They are insisting that we provide access with our keys as they cannot be present.

While most of our contractors are happy to collect keys from us. Certain times this is not possible. eg appliances under warranty – they will not collect keys and expect someone to be present.

In these situations do we the landlord – have to provide access or would it be reasonable to expect tenants to in keeping with a tenant like manner.

Answer

1 Comment

  1. guildy

    Not an easy question and to my knowledge has never been tested.

    Under section 11 (which is the main repairing obligations) it is for the landlord to keep in repair. Further, the duty cannot be contracted out to the tenant. The question therefore is whether asking them to be in for the repair is partially contracting out part of the repairing duty? If it is, then it’s not allowed and the landlord would not be fulfilling their duty to keep in repair. Alternatively, it could be as you suggest, simply acting in a tenant like manner to be in for the contractor.

    On balance, I think it’s the landlord duty to fulfil from start to finish so if tenant works 9 – 5 weekdays when contractors wishing to attend, it’s for the landlord to work round that. But, as I say, I don’t know for sure.

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