L's right of access for inspection or viewing?

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    If your tenant is not refusing and is paying rent and never been disruptive, after different means of trying to communicate, I will enter but not alone. Enter with your surveyor at a reasonable time in the morning. He most probably at work. Should he not be, you can equally act surprised and explain that you were not sure what was going on, afterall if the partner has moved out, what if something sinister is occurring or in fact has occurred .... I would most definitely but cautiously enter

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      My tenant stopped paying the rent and stopped communicating with me. I started the court and eviction process. During that time the gas registration certificate was due to expire so I contacted the tenant by text, email and WhatsApp and gave him a week's notice of the gas engineer's visit which was around midday on a weekday. I stated that we would enter with a key if nobody was at home. He did not respond to the messages. We went on the specified day and he was angry but took no further action. When I was discussing the court case with a solicitor she said 'Oh no, you were trespassing.' This could have jeopardised my court case. However if I had not renewed the gas certificate I would also have broken the law. It's the devil or the deep blue sea as far as I can see and where as the landlord has to stick to the letter of the law absolutely the tenant can ignore what is stated in the agreement regarding access and, more particularly, regarding paying the rent! OK they will have a court judgement against them but will have enjoyed around 6 months of rent free accommodation.

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        I think your solicitor was wrong.
        Unless the tenant specifically tried to prevent you entering, being angry isn't enough to make that trespassing.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          Whether you are trespassing depends on whether the terms of the tenancy permit you to enter for the purpose for which you enter. If they do not then you are trespassing. You cannot conjure up consent by giving notice to enter and assuming the tenant consents if he does not respond.

          In the case of entry to carry out a gas check there are two arguments, if the right is not expressly reserved. The first is that it is implied under the common law because the landlord is under an obligation to carry out the check - see Mint v Good. The second is to rely on section 11(6) of the Landlord and Tenant Act 1985 which provides:

          "In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."

          I think a gas check has to come within "viewing their condition and state of repair".

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