For many in the UK, gardens are a place for privacy and relaxation.
Most people prefer not to be disturbed when they are here.
So, if you are renting, does your landlord have the right to enter the garden without permission?
Read on to find out.
Can a landlord enter my garden without permission?
In most cases, no. A garden is just like any other part of the property and is covered by the right to quiet enjoyment.
However, there are notable exceptions.
And, because your landlord has a right to keep a key to the property, you cannot prevent them from accessing it under these conditions.
Emergencies
Landlords can legally enter your garden without permission in an emergency.
Many potential scenarios can be described as an emergency, including:
- Fires
- Gas leaks
- Flooding
- Structural damage
- Medical emergencies
- Criminal incidents (or incidents that the landlord can reasonably suspect are criminal).
Property checks when notices have been ignored
Landlords are entitled to check their properties – including the garden – at set intervals, as long as:
- Their visit is at a reasonable hour
- They give at least 24 hours’ notice.
Information on this should be agreed upon when tenancy agreements are first made.
You should receive this notice in writing. However, many will communicate via phone, text message or email.
If you miss or ignore these messages, then the landlord can still visit. They simply need to be able to prove that the relevant notification was given.
Reasons a landlord could want to enter garden
Inspections
Your landlord could be inspecting your property.
This could be a routine inspection or a spot inspection. Either way the goal is to ensure that there is no damage has been done to the property.
(As a tenant, you can also request an inspection if you have grounds for it.)
Maintenance
Unlike the interior of houses, gardens require upkeep.
Landlords don’t usually expect their tenants to do this themselves – unless explicitly agreed. (Some tenants, after all, might be keen gardeners.)
So, it is often the case that the landlord will send a gardener around at set times. They should notify you when this will be.
Other issues, like painting the outside of the house, gutter cleaning, etc., might also come up occasionally.
Viewings
Hosting viewings is one of the most common examples.
Perhaps they’ve listed the property on the market and are looking for a new owner.
Or it could be because you’re moving out soon, so they’re showing it to new potential tenants.
Repairs
Making repairs is another popular reason. Maybe a tree or a fence has fallen down, a swimming pool has been broken, there is a pest control issue, etc.
You should be notified of these visits unless it’s an emergency repair.
What should I do if my landlord enters my garden without permission?
Look for a legal expert who can support you. They can advise on the best path forward when acting against your landlord.
You could be able to claim damages.
You might also want to speak to the Citizens Advice Bureau.
And you could alert your local council to the situation, too. Especially if you feel you’re being harassed.
What happens if my landlord enters my garden every day?
Even if your landlord gives permission to enter your garden daily, they need a valid reason, such as the ones mentioned above, and notification period.
Your landlord shouldn’t be entering your garden at unsociable hours. If they’ve given written notice of this, you have the right to suggest new times.
If they refuse to negotiate, your rights might be being breached, depending on the situation.
You should seek legal representation in this instance, as you can take action against a landlord for this.
Can I say no to my landlord’s 24-hour notice to enter my garden?
You can refuse access if it isn’t convenient. However, you must grant your landlord access during an emergency.
Outside of emergencies, your landlord has an obligation to suggest a time that works for you. If they’ve suggested a time that isn’t suitable, you should respond with a better one.
If you are repeatedly uncooperative with the landlord, it could cause them to take action against you. This might involve applying for eviction in the most extreme case.
Do I have to comply with house viewings?
When your landlord is selling the house you live in, they have a right to host viewings. But these must be carried out in a certain way that respects their tenants’ rights.
You should be given 24 hours’ notice before they enter the house to conduct viewings. This includes details on the specific times they’ll need access between.
If the proposed time doesn’t work, you can:
- Propose a different time
- Ask to be present
- Refuse access if 24 hours’ notice is not given.
Keep in mind that obstructing reasonable access could lead to eviction.
You don’t have to keep the property in any special condition beyond your contractual obligations. And you’re not required to make extra preparations.
