I think my tenant has left… can I enter the property to check?
I think my tenant has left… can I enter the property to check?
Ah, what a tricky situation. And very frustrating.
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If you have good reason to believe that your tenant has abandoned the property, it can be tempting to let yourself in to see if there are any clues as to what is going on. This is especially true if your tenant is no longer paying rent, and you are building up a pricey void period, whilst not knowing where you stand.
However, unfortunately, even if the property has been abandoned, your tenant is still in legal possession of the property until they notify you otherwise and surrender the tenancy, or possession is granted. Unless either one of these have happened, you are not allowed to enter the property without giving your tenant 24 hours’ notice, and them agreeing for you to do so.
There are a few exceptions to this rule – but be warned, these exceptions aren’t to be bent to suit, and unless one of them truly applies, you could be in real hot water if you were to take a sneaky peek under the guise of an exemption.
However, if any of the following do apply, you would be permitted to enter:
- If there is a fire in the property (don’t be a hero though, the fire brigade are the people to call)!
- If the property is insecure
- If there is structural damage that requires urgent attention
- If gas or electrical appliances pose a risk to the safety of the property
- If there is evidence of flooding inside the property
- You believe there is crime or violence taking place within the property (of course in this instance, we would advise that any actions you take are accompanied by the police, for your own safety)
If you are planning to enter your property in any of these instances, try to make sure you have an independent person with you who can record what is happening in writing and sign to say that you entered under one of the above remits.
