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The King of England & all his forces dare not cross the threshold, but the Civil Procedure Committee may… Thomas Rothwell & Kavish Shah report
- The article reviews conflicting court decisions on whether landlords can be authorised to force entry to carry out essential safety inspections when tenants refuse access.
- The authors argue that higher-court guidance is needed to clarify landlords’ enforcement options and resolve the current legal uncertainty.
The County Court is facing an increasing number of cases in which residential landlords are asking for permission to break the lock to enter their tenant’s home, in order to carry out necessary safety inspections, when that tenant has failed to comply with a prior injunction requiring them to provide access. There is no agreed approach to such cases, and recent disagreements in the County Court show the need for the higher courts to provide some definitive guidance.
There are a number of reasons why residential landlords may have a legitimate need to enter their tenant’s home: for example,
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