Periodic Visits, Entry and Refusal

Periodic visits

Landlords must maintain a let property reasonably free from disrepair. The local authority may take enforcement action if they identify risks, including but not limited to hazards under the Housing Health and Safety Rating System (HHSRS) as set out in Part 1 of the Housing Act 2004. Letting or renting a house in multiple occupation (HMO) adds specific management obligations for landlords and occupiers (see earlier under responsibilities and liabilities).

The landlord or a responsible person acting on the landlord's behalf may routinely visit the property. You can also conduct visits at any other reasonable time if the contract holder reports a problem. These visits help identify and prioritise repairs and other necessary works, and ascertain whether the tenancy conditions are being met. As conditions within residential premises are risk-assessed under the HHSRS, the person undertaking the visits should also look for hazards.

Under the Rent Smart Wales licence, there is a condition specifying routine inspection intervals and documentation, namely:

• Annually for dwellings let on single contracts, and shared houses on a single contract, with the first routine visit taking place within the first 2–6 months of the contract.
• Every 6 months for a House in Multiple Occupation (HMO), and shared houses on separate contracts, with the first routine visit taking place within the first 2–6 months of the contract.
• Property visits must be documented, signed and dated by the licence holder or an appropriately trained user connected to the licence. The licence holder must retain the documentation for a minimum of two years and provide it to Rent Smart Wales when requested.

Some landlords use a standard checklist, which provides a helpful prompt of things to look for and records what was found. Some landlords give a copy of this checklist to their contract holders.

Certain visits must be undertaken by a qualified and competent person, for example, a suitably qualified gas engineer for annual gas safety checks or a skilled electrician for periodic fire alarm checks.

Contract holders must have a means of contacting the landlord or letting agent at all times, and there must be a procedure to deal adequately with emergencies. Any work must be resolved within a reasonable time, depending on its seriousness.

Receipts should be kept when repairs are undertaken, as you may recover the cost through tenancy deposit schemes and for tax purposes.

Visits must not be intrusive. If they were, this could constitute harassment.

These conditions apply only to areas where the contract holders (in the case of room letting) have exclusive possession. Landlords can access communal areas that remain under their control at all reasonable hours. It is ordinarily courteous to notify contract holders of any works in these communal areas that may cause inconvenience.

Minimum notice

Unless the contract holder agrees otherwise, landlords must provide at least 24 hours’ written notice to access the dwelling (s.98). This access may be to inspect the property's condition and state of repair or to perform necessary works or repairs to meet fitness or repairing obligations.

While the Renting Homes (Wales) Act 2016 allows landlords to enter the property after giving notice, it does not mean they can enter regardless of the occupier's wishes. If the occupier asks the landlord not to enter, the landlord must respect their request. However, if the scheduled appointment is inconvenient, the occupier should be willing to agree on an alternative time.

A 24-hour notice may include a statement saying the appointment will be changed to a mutually convenient date if requested and that, unless the contract holder objects, the landlord (or contractor) using the landlord's keys will let themselves in to conduct the inspection or carry out work. If this procedure is used, it may be incorporated into the occupation contract.

If an occupier refuses to grant the landlord access, they may be in breach of their agreement. In certain situations, such as when the property is visibly in disrepair, this could give the landlord the right to apply for a possession order.

Entry and refusal

Contract holders have a right to quiet enjoyment of their accommodation.

Even if the landlord gives proper notice of a visit, the contract holder may still legally refuse access. If a contract holder refuses access, the landlord should find out why before taking legal action. It may be that the appointment timing is inconvenient because the contract holder cannot get time off work—in this case, you could arrange an evening or weekend appointment for the routine inspection.

If the contract holder will not make alternative arrangements or persistently causes delays that compromise the landlord's obligations, the landlord may consider terminating the contract using the prescribed legal process or seek a court order to secure access.

Additionally, if the occupier's refusal to allow access results in further damage or deterioration of the property, they may be held liable. This could entitle the landlord to recover additional costs from the occupier, such as deducting them from the deposit.

Emergencies

There are times when the property may have to be entered as a matter of urgency, and statutory bodies can do this in appropriate circumstances:

• Gas: contact the National Grid emergency number 0800 111 999.
• Water, sewer, and flooding: contact the utility company responsible for water in the area if closing the stopcock is ineffective.
• Suspicious circumstances relating to criminal activity: liaise with the police.