Landlord’s Access Rights

Commercial Lease Principles

What rights does the landlord have to access a property during a tenancy. It goes without say, that there are principles that rule a tenancy. Those principles are found in the tenancy agreement, both legal requirements and any requirements stipulated by the landlord that need to be complied with by the tenant.

Common sense should dictate landlord requirements, whereas legal requirements are dictated by the Landlord and Tenant Act 1985. Remember also that the Coronavirus 2020 Act is now in force and it applies to both tenants and landlords.

Genuine Reason But No Access

A lease agreement will need to show clarity on the landlord’s right to access the property. There is no such thing as a genuine reason for the landlord to access a property. If this “genuine reason” isn’t stipulated in the lease agreement, then the landlord is effectively trespassing. For instance, if the tenant pays rent on time, isn’t behind with any payments and complies with all obligations, nothing justifies a landlord’s access to the property without the tenant’s consent.

When The Landlord Trespasses

If the landlord enters the property without the tenant’s consent, that is unlawful entry – trespassing. But what if the tenant has failed to pay rent or has failed to comply with any of the obligations stipulated in the lease? Is the landlord authorized to enter the property? Unless the lease agreement clearly states under which circumstances a landlord may access the property, it will still be trespassing.

The Landlord’s Right In Writing

The lease agreement may include a clause that gives the landlord right of access, if the tenant fails to pay the rent. In this case, the clause must also leave clear instruction for the landlord to understand exactly when access is lawful.

One example would be if the tenant fails to pay 3 months of rent in a row. By the third month, the landlord can count from the rent date 30 days exactly until access to the property becomes lawful. This is just an example for you to understand that the lease agreement needs to be very clear when it comes to landlord access to the property.

Quiet Enjoyment

All tenants, whether residential of commercial, are entitled to quietly hold and enjoy the property during the tenancy term. No disturbances or interruptions by the landlord should be tolerated. As a tenant you deserve to dwell in the property with quiet enjoyment, but if for any reason your landlord has disturbed the peace for any reason, please give us a call. We will help you understand your rights. SG

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June 19, 2020 at 9:00 am
Category: Commercial Property

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