Landlords' Right to Enter and Carry Out Repairs

Under the terms of ASRA's tenancy agreement tenants must allow access to Association agents and employees for the purposes below provided reasonable notice (at least 48 hours) is given.

1. To inspect the condition of the premises
2. To carry out repiars or other works to the premises or to adjoining property

Under the Landlord & Tenant Act 1985 S.8 (2), "The Landlord, or a person authorised by him in writing, may at reasonable times of the day on giving 24 hours notice in writing to the tenant or occupier to enter premises for the purposes of viewing their state and condition." (Note, however, that ASRA in normal circumstances will endeavour to give 48 hours notice)

S.11 of the same act also gives ASRA a license to enter and carry out works for such reasonable time as the work may take. This right is subject to giving the proper notice as above and is limited to entry to the parts of the property, which need the repair.

Procedure

Step 1
Contractors are usually required to make two attempts to gain access to carry out repair work. Acceptable practice would be:

1. Contractor makes appointment by telephone or in writing.
2. If tenant does not contact to change the time, the contractor should turn up at the appointed time.
3. If unable to gain access, the contractor must leave a business card giving name, address and telephone number and requesting contact to make another appointment

(Where access during the day is a problem, evening or weekend calls can be arranged provided this is agreed with the maintenance officer).

If after three working days there has been no response from the tenant, the contractor should notify the relevant ASRA's maintenance office of the lack of contact.

Step 2
ASRA maintenance staff should then contact tenants by telephone or in writing and:

1. Explain the need for the repair
2. Outline the previous attempts to make contact
3. Request contact with the maintenance office to make a further appointment.

If after three working days there has been no response from the tenant, maintenance should contact the tenant's housing officer and detail all the steps taken so far.

Management and maintenance staff together will need to consider the urgency and the effect of delaying the repair as well as the likely reason for the lack of contact before proceeding further.

Emergency Access (Forced Entry)

Forced Entry will only be attempted where there is an identifiable urgent need to gain access to the property e.g. serious leaks into or from the premises or where health and safety is at risk.

1. Wherever possible the Association staff will give 24 hours notice in writing left at the property that a forced entry is felt to be necessary and will be attempted.
2. Where immediate entry is required e.g. where death or injury is feared, the police will normally be called to accompany Association staff
3. No forced entry should be made without consulting the Maintenance Manager and it will be his/her decision whether entry may be forced without a police presence.  
4. Two members of staff must be present at a forced entry, one of who should be from housing management
5. Any damage resulting directly or indirectly from the forced entry must be repaired as an emergency within 24 hours
6. A letter must be left for the occupier explaining the circumstances and giving a name for further contact and information.