HA 1988 s. 16

Tenant must allow access for repairs | HA 1988 s. 16

HA 1988 s. 16 creates an implied term in all assured tenancies requiring tenants to afford the landlord access and reasonable facilities to execute repairs.

Official text HA 1988 s. 16 — United Kingdom

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

Section 16 is one sentence and it settles a recurring standoff. It is an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house, and all reasonable facilities for executing in it any repairs which the landlord is entitled to execute. A tenant who refuses to let a contractor in is therefore in breach of a term of the tenancy, and a landlord met with that refusal has an answer to a later complaint that the repairs were never done.

The boundary is in the words "repairs which the landlord is entitled to execute". This gives access for repair work, not for anything else the landlord might want to do inside the property. It says nothing about inspections that are not connected to a repair, about viewings for a sale or a re-letting, or about the landlord's convenience.

It also says nothing about notice, because the notice requirement lives elsewhere: where the landlord's repairing covenant is implied by section 11 of the Landlord and Tenant Act 1985, subsection (6) of that section implies a tenant's covenant to allow entry at reasonable times of day on 24 hours' written notice, and section 9A(7) and (8) of that Act does the same for the fitness covenant. Read together, the picture is that the tenant must cooperate with repairs, and the landlord must ask properly and in advance.

When it applies

  • A landlord unable to get a gas engineer in because the tenant will not agree a date.
  • A tenant refusing access after a series of missed appointments by the landlord's contractors.
  • A leak affecting the flat below where access to the flat above is needed to trace it.
  • A landlord who claims a right to enter for viewings and cites this section.
  • A disrepair claim where the landlord says the delay was the tenant's own doing.

What this section does not say

  • It is not a general right of entry. The access is for repairs the landlord is entitled to execute, not for inspections unconnected to repair, viewings or storage.
  • It does not remove the notice requirement. Twenty-four hours' written notice at a reasonable time of day comes from section 11(6) and section 9A(7) and (8) of the Landlord and Tenant Act 1985.
  • It does not let a landlord enter without consent. Refusal is a breach of a tenancy term to be dealt with through the courts, not something to be cured by using the landlord's own key.
  • It does not apply to occupiers who are not assured tenants.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A landlord needs to get a gas engineer in for the annual safety check. Two appointments have already been missed by the landlord's own contractors, and the tenant has now stopped agreeing dates.

How the wording applies

Section 16 implies a term that the tenant shall afford access and all reasonable facilities for executing repairs the landlord is entitled to execute, so a flat refusal puts the tenant in breach of a tenancy term. The fact that decides how reasonable each side is being, though, is the history of missed appointments: the duty is to afford reasonable facilities, not to sit at home indefinitely, and the twenty-four hours' written notice requirement comes from the Landlord and Tenant Act 1985 rather than from this section.

How the parties settled it

The tenant offers three dates in the next fortnight and the landlord agrees to confirm one in writing at least a week ahead, with the tenant free to refuse any visit not confirmed that way.

Illustrative example

A landlord lets themselves into a flat with their own key while the tenant is at work, saying the tenancy entitles them to inspect whenever they like and citing this section.

How the wording applies

The boundary is in the words 'repairs which the landlord is entitled to execute'. Section 16 gives access for repair work and says nothing about inspections unconnected to a repair, viewings, or the landlord's convenience. The fact that decides this is the purpose of the entry: no repair was in contemplation, so the section is not engaged at all, and refusal by a tenant is in any event a matter for the courts rather than something cured by using a key.

How the parties settled it

The landlord agrees to give twenty-four hours' written notice for any visit and not to use their key without it, and the tenant agrees to respond to repair appointments within three working days.

Related sections

HA 1988 s. 1 Assured tenancy: only or principal home rule: HA 1988 s. 1 LTA 1985 s. 11 Repair structure, exterior, installations – LTA 1985 s.11 LTA 1985 s. 9A Fitness for human habitation: LTA 1985 s. 9A HA 1988 s. 29 Landlord Harassment Offence: HA 1988 s. 29

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of HA 1988 s. 16 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.

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