Q&As

If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas safety service and is seeking an injunction for access, should they issue a Part 7 claim or a Part 8 claim?

read titleRead full title
Published on LexisPSL on 04/07/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas safety service and is seeking an injunction for access, should they issue a Part 7 claim or a Part 8 claim?

If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas safety service and is seeking an injunction for access, should they issue a Part 7 claim or a Part 8 claim?

By the granting of a lease, the landlord deprives themselves of the right to possession of the premises during its currency; and, if they enter without the tenant's permission, or without reserving to themselves the right to do so, they are liable to be treated as a trespasser and to have breached their implied covenant for quiet enjoyment. Hence, in the absence of a special stipulation or a right given by statute, the landlord may not enter to do repairs—see Commentary: Right of entry: Halsbury's Laws of England [302].

However, under section 16 of the Housing Act 1988 (HA 1988), it is an implied term of an assured tenancy (AT) (and therefore an assured shorthold tenancies (ASTs)) that the landlord is entitled to access and facilities to repair where the term is less than seven years in length in order that they can comply with their obligations under section 11 of the Landlord and Tenant Act 1985, or where the terms of the AT provide that the landlord can or must undertake repairs. See Practice Note: Assured and assured shorthold tenancies—granting, in particular section: Other

Related documents:

Popular documents