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Question

Entry and Refusal (England) | Landlord Responsibility for Repairs and Maintenance (England) | Tenant Obligations (England)

HMO tenant refusing access despite a request to repair

18 Jun 2020 | 1 comment

Hello

I have a tenant in an HMO that has had her door forced by the police because they believed she was going to harm herself. As such a digital lock was broken and the door frame was damaged. The police instructed a locksmith to install eye bolts to both the inside and outside of the room so that a padlock can be installed both internally and externally.

I have requested that the tenant repairs the door and door frame and that they replace the digital lock. They were given 21 days to do this, however to this date they have done none of these things. She is also refusing access for us to repair these items.

Do I have a right to access this room and can I simply cut the padlock and reinstate the door as it was?

I would be grateful for any advice

Many thanks

Answer

1 Comment

  1. Imported

    14/02/2020 1:42 pm

    It depends a little on what you mean by refusing access. If you’re asking when you can attend or asking for confirmation if a proposed date is acceptable and not getting any reply, you could try writing with a date and say you are attending (but crucially don’t ask for a reply, you’re just going to do it).

    However, if it is a true refusal whereby they are replying and saying “you may not enter” then a tenant does have the right to refuse access but that will be a breach of the tenancy which can only be enforced by a court order (in reality via possession action).

    It might be worth having a word with the local authority. They may be able to assist and have immense powers of entry. They would take this seriously as it’s presumably a serious fire/security issue.

    guildy

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