header-logo header-logo

01 May 2026 / Ashpen Rajah , Edward Blakeney
Issue: 8159 / Categories: Features , Property , Landlord&tenant
printer mail-detail

Open up! Or else… what?

248363
© Getty images

Can the court permit a landlord to force entry? Edward Blakeney & Ashpen Rajah weigh up the current arguments

  • Three recent county court decisions have reached conflicting conclusions as to whether the court can permit a landlord to force entry following breach of an access injunction.
  • The latest decision, Taylor Clark Ltd v Mohamed, suggests that the court can do so, in the exercise of its discretion under CPR 70.2A, but as yet there is no higher court authority.
  • The authors consider that the reasoning in Mohamed is open to question and prefer the analysis in the prior decision of Southern Housing v Emmanuel.

Suppose that a tenant refuses to allow their landlord into the property to carry out a gas safety inspection. The landlord is required by law to do so annually, and the tenancy records that the tenant shall permit access for that purpose. In an effort to comply with its own legal obligations, the landlord seeks an injunction to compel

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll