What can I do if my landlord enters without permission? It’s a question commonly asked by tenants, and rightly so. It can be a concerning situation if a landlord enters a rented property without asking and without explicit permission.
Tenants have a right to privacy and quiet enjoyment of their home, and unauthorised entry can feel like a violation of those rights. In this guide, we’ll look at the steps that tenants can take if they find themselves in this situation.
What can I do if my landlord enters without permission?
In Scotland, tenants have legal rights to privacy. Landlords are required to provide at least 24 hours notice before entering the property, except in cases of emergency. If the tenant has a private residential tenancy, the landlord must give the tenant 48 hours’ notice. All according to Scottish right of entry laws.
If the tenant refuses to allow the landlord entry to the property, the landlord can seek assistance from the First-tier Tribunal for Scotland Housing and Property Chamber.
The Tribunal can facilitate arranging a mutually agreeable date for the landlord’s visit or set a date if the tenant and landlord are unable to agree.
If you believe your landlord has entered the property without permission when there was no case of emergency, legal advice or contacting relevant authorities might be the best way forward. Which leads to the next set of commonly asked questions.
Can I call the police if my landlord enters without permission in the UK?
If your landlord enters your rented property without prior notice or your permission as outlined above, it can constitute harassment and can be reported according to citizens advice. The law that protects you from harassment in housing is under section 26 of the Equality Act 2010 (applies to Scotland).
However, you should always try negotiating first. If you need help to negotiate with your landlord, ask your letting agent, or your local Citizens Advice Bureau. There are exceptions for emergency situations, such as gas leaks or flooding, where immediate action may be necessary.
Even in such cases, they should inform you as soon as possible about the entry. If you find yourself in a situation where they have entered without permission or proper notice, it’s important to document everything that occurred.
Start by capturing photos or videos of any damages or changes made during their visit, such as broken locks or unauthorised renovations. Keep a detailed written record of the date, time, and individuals involved in the entry, along with any actions taken. Collect witnesses if possible and retain copies of any communication with the landlord regarding their entry.
This documentation serves as strong evidence in case of disputes or legal actions, helping to hold the landlord accountable for any damages or stress caused. If it’s a pattern of behaviour, then it can also be beneficial to log these.
Landlord’s right to request access for property viewings
Landlords maintain the right to request access to the property for the purpose of conducting viewings with prospective tenants according to letting agents code of practice. However, they need to consider the potential disruption such viewings may cause, particularly if the current tenant is in the process of vacating the premises.
Ideally, landlords and tenants should communicate and agree upon specific days and times for property viewings to minimise inconvenience. While landlords can request access for viewings, tenants retain the right to decline such requests if they find them unreasonable.
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