Social housing landlord denied right to force entry for gas safety check

A judge has ruled in one case that a social housing landlord cannot be granted permission to force entry into a tenant’s home to carry out a gas safety inspection.

The ruling, made in Bromley County Court in the case of Southern Housing vs. Mr James Emmanuel, related to a situation where the tenant had repeatedly denied access for a gas safety check.

In response, Southern Housing expressed disappointment over the ruling and said they are currently reviewing the judgement.

Defendant failed to provide access multiple times

The court ruling says the claimant granted the defendant an assured weekly periodic tenancy of a flat in East Dulwich, London, in 2009.

A specific clause in the tenancy agreement said: “To allow our staff, agents and contractors access to the property at all reasonable hours of the day to inspect the property or empty meters or to do any repairs, servicing gas and other installations, improvements, treatments and pest eradication or other work to the property.”

On many occasions, the claimant requested the defendant to provide access to carry out a gas safety inspection. The defendant failed to provide access, and in June 2025 the claimant obtained an injunction requiring him to do so.

The defendant continued to fail to give access, and the claimant sought to vary the injunction to permit forced entry.

However, District Judge Philip Cridge said Southern Housing could not use procedural rules and that any power to enter a home forcibly must derive from express statutory authority.

My decision is that no judge can give a landlord permission to force entry into their tenant’s home

Mr Cridge said in the summary judgement: “Southern Housing already has an access injunction requiring Mr Emmanuel to let them in to do a gas safety check. Southern Housing have now asked me to let them use force to enter Mr Emmanuel’s home because he has not let them in.

“My decision is that no judge can give a landlord permission to force entry into their tenant’s home for things like inspections, repairs and safety checks. I think Parliament would need to change the law before a judge could make that kind of order.”

However, Mr Cridge did warn that, as there was already an injunction in place, Mr Emmanuel must allow Southern Housing access or could otherwise face eviction.

He added: “I make it clear to Mr Emmanuel that this doesn’t mean he can refuse to let his landlord into his home. In fact, he must let them in. That’s because the court has already made an order telling him to do this.”

“If Mr Emmanuel doesn’t let his landlord in to carry out the checks, he might face proceedings to imprison him for contempt of court, or to evict him from his home.”

Disappointed by court ruling

In a statement, Southern Housing claimed judgements risk undermining safety in their homes.

A spokesperson told Property118: “We’re disappointed by the recent court ruling denying access for essential gas servicing at one of our homes.

“We sought access in line with our responsibilities as a landlord to uphold safety standards, obligations we take extremely seriously.

“This access is not only vital for the safety of the individual resident but also for the protection of neighbouring households. Judgments such as this are unhelpful and risk undermining the work we do to maintain safety in our homes.

“We, along with other social landlords, have previously lobbied government to strengthen the legal framework that enables us to fulfil such safety obligations. While we’re currently reviewing the judgment and considering our position, it does not constitute binding precedent.

“We’re also mindful of our charitable aims and prolonged legal disputes are not the most efficient use of our resources.

“Our commitment to protecting our residents remains our top priority.”

The full judgement can be read by clicking here.

What responsible landlords should know

This ruling underscores the fine balance between tenant rights and a landlord’s statutory duty to maintain safety. Even when safety obligations such as gas inspections are clear, enforcement depends on cooperation and due process. Responsible landlords should treat this as a reminder to keep their compliance systems watertight and their communication records meticulous.

What this means for you

Access clauses alone may not guarantee entry without tenant consent, even for safety checks.

Courts will expect landlords to demonstrate full procedural compliance before seeking enforcement.

Persistent refusals may need to be addressed through injunctions or possession proceedings, rather than forced entry.

Practical steps (do now)

Review tenancy agreements to confirm that access provisions are clearly worded and consistent with statutory requirements.

Keep detailed logs of all communication attempts, including letters, emails and attendance records, showing reasonable efforts to gain entry.

Align your compliance policy with Gas Safety (Installation and Use) Regulations 1998 and record the annual inspection timetable.

Train staff and contractors to follow access protocols consistently, ensuring notices are issued in the correct form and timeframe.

Liaise early with legal advisers when a tenant persistently refuses access, before any enforcement action is considered.

Good practice that reduces stress

Landlords who maintain calm, structured communication and well-documented procedures rarely face disputes of this kind. Consistent record-keeping, transparent notices and prompt legal guidance help ensure that safety obligations are fulfilled while respecting residents’ rights. Professional diligence is the strongest reassurance in uncertain legal territory.