Tenant refusing maintenance access to the freeholder?

Forgive me if this is wrong but it is your landlord/lessor who requires access to the flat for which you own the lease so if ‘your’ tenant refuses access then you as lessee will be taken to FTT as preliminary to service of. Section 146 forfeiture , in which you can take steps to remedy the situation.

I would suggest you warn your tenant that your landlord will make you forfeit the lease and your tenant will have to leave if he doesn’t allow access because you are held liable for the behaviour of your tenant.

Depending on how long repairs will take and if related to fire regulations affects building insurance then your tenants is unreasonable and by default so are you.

Find out what exactly how long repairs will take and I cannot think it will be so long and talk to your tenant and if still refuses then your own landlord/lessor could force entry and warn your tenant in writing recorded delivery that will happen.

You will pick up the bill.

In another post it sets out that the freeholder has a statutory duty to carry out regular checks, undertake repairs and regularly monitor compliance fire regulations and keep accurate records and failure can result in prosecution.

With current court delays, it will take you about a year to evict him even if you have solid grounds and make no errors.

I suggest you speak to a specialist solicitor about whether a court injunction to force access would be a any quicker.

Just issue a Section 21 (whilst you still can) and get rid of the tenant a.s.a.p. Use the accelerated procedure. You may find a Section 21 will concentrate the tenant’s mind. There again even if it does, do you really want to keep this troublesome tenant ? And in future there will be no easy route to eviction with no Section 21 facility. You, and the freeholder, have already had a year of grief for no reason. Get the tenant out as quick as you can.

So your freeholder is disturbing your tenant’s quiet enjoyment of the property. Rather than lawyering up, which costs thousands, offer to knock the rent off the days infringed by the freeholder’s workmen, ensure that they do everything they’re going to do in as compressed a time period as possible, and then send in a professional cleaner to tidy up. You’ll get a better tenant relationship out of it.

Reply to the comment left by Roger Majerski at 10/05/2025 – 10:34
I don’t believe this falls under quiet enjoyment. The landlord isn’t letting themselves in our harassing the tenant. It sounds like important building maintenance.

A court injunction might be the way to go for speed to avoid three lease being forfeit, I would then seek to recoup the costs from the deposit as it’s a direct loss attributed to the tenants actions.

Then you might want to consider s8 breach of lease, to evict if you feel the tenant is becoming troublesome, or simply offer them cash for keys to get out.

Best way s21. Then accelerated procedure. It can get hung up but most tenants just leave.

A solicitor’s letter might do the trick. But perhaps a little ‘carrot’ too. Maybe offer the tenant £100 for the inconvenience. A small price to pay to avoid the cost of eviction, void period and new tenancy with a new tenant.

Reply to the comment left by Tom C at 11/05/2025 – 10:32
Financially, you may be correct, but I always adopt the policy of not rewarding bad behaviour.

I offer this advice from past experience
I know people will rail against it, moralise and claim all sorts of nonsense and high ground
But the truth remains that the answer is simple and effective
If you serve a S21 you have a MINIMUM of a year of court grief ahead of you, time, cost and aggro
During that time, there is NO REASON on the planet why your tenant would pay rent.
Assuming rent average of £800 a month….you’re £10k down
Yes, you could try and reclaim it. That’ll be another court process and more aggro
If that’s grief you don’t want or need, do what I did
Tell your tenant you need to sell. Tell them they’ve been amazing. The sun shines. Whatever works.
Ask them to give you notice / end the tenancy / sign a deed of surrender use whatever reason / excuse you wish…
Possible suggestions:
Want to sell, new laws make it unattractive to remain a landlord, want to move in. Whatever works.
Give them their notice period free. Give them their deposit back in full. And give them a grand in their hand
That right there is the best advice you’ll ever get and the best money you’ll ever spend
The other option you’ll refer to later as ‘the year of misery’…