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03.08.2026

A recent pivotal judgement from the County Court has provided essential clarity for the social housing and residential property sectors by confirming that judges have the power to authorise landlords to force entry into a tenant's home to conduct essential gas and electrical safety checks.

Background:

In 2008, the claimant, a housing association (HA), had granted an assured tenancy of a Portsmouth property under the Housing Act 1988. The defendant, Mrs. R, became the tenant by assignment in 2019. Clause 3.16 of the tenancy agreement obliged the tenant to allow access at reasonable hours for inspections and repairs, normally on 48 hours' notice. During 2025, the claimant repeatedly sought access to carry out an electrical installation condition report, although the defendant did not respond. The claimant issued proceedings and obtained a mandatory injunction from District Judge Pain in January 2026 requiring access on 48 hours' notice, but the Judge declined to grant additional relief allowing forced entry.

After three further failed access attempts, the claimant applied to vary the order to insert a power to drill the locks to gain forcible entry when the property appeared unoccupied and install a key safe.

Decision:

The County Court ruled in favour of the HA, confirming that District Judges do indeed possess the legal authority to grant forced-entry orders to landlords for the execution of safety inspections. In resolving a conflict between various lower court rulings, the Judge focused closely on the interpretation of Civil Procedure Rule (CPR) 70.2A, which allows a Court to direct that an unfulfilled mandatory order be carried out by another person. The Judge rejected the tenant-friendly argument that forced entry without explicit statutory backing constitutes an unlawful trespass, pointing out that courts already routinely grant high-level entry orders, such as search orders, without specific legislation. The Court also rejected the landlord's argument that the tenant's signing of a standard access covenant amounted to a "deemed consent" to break in. Instead, the Judge adopted a purposive approach, deciding that the core purpose of the original injunction was to enable the landlord to obtain access. If the tenant refuses to facilitate this, the Court has the power to authorise the landlord to achieve that access by alternative means, such as forcing the lock. However, the Judge ruled that, because breaking into a home severely interferes with a tenant's privacy rights, such orders must strictly require a second court hearing, 48 hours' advance notice to the occupier, a clear assessment of tenant vulnerabilities, and a ban on using force if the tenant is present and actively resisting.

Implications:

This definitive guidance outlines exactly when and how a property owner can legally override a tenant's right to exclusive possession for safety reasons. The most critical takeaway for landlords is that they now have a clear, lawful mechanism to resolve dangerous access deadlocks without resorting to the disproportionate and lengthy process of evicting the tenant or pursuing criminal contempt charges. However, potential clients must understand that courts will never routinely issue a forced-entry order at a first hearing; the property owner(s) must conclusively demonstrate they have first exhausted standard notification routes and obtained an initial injunction. For tenants, the ruling serves as a vital reminder that an individual’s home is not an impenetrable barrier to necessary safety checks, and ignoring continuous requests for gas or electrical inspections may eventually result in the courts authorising lawful, forced entry into the property. Finally, the judgement provides practical advice for property owners seeking to save on future legal costs: future tenancy agreements should be explicitly drafted so as to include a clear consent clause allowing landlords to enter the premises by necessary means in specified safety scenarios, thereby completely obviating the need to involve the courts in the first place.