Court Rules Landlords Cannot Force Entry for Safety Checks

Court Confirms Limits on Landlord Access Rights

A County Court judge has ruled that landlords have no legal power to force entry into a tenant’s home to carry out inspections, repairs or gas-safety checks, even where a court has already ordered the tenant to provide access.

Southern Housing sought permission to force entry into the flat of its tenant, Mr James Emmanuel, after he failed to comply with an earlier access injunction requiring him to allow a gas-safety inspection. The tenant did not attend the hearing. The landlord argued that the court could grant forced entry under the Civil Procedure Rules, particularly rules 70.2A, 25.1 and 3.1(2)(p). You can view the procedural rules here.

District Judge Cridge rejected that argument, holding that no judge has the power to authorise forced entry into a home unless Parliament has expressly provided for it. Forced entry, the judge said, interferes with a tenant’s right to exclusive possession and long-recognised common-law protections of the home. The court’s procedural rules cannot override those substantive rights.

Why the Court Rejected the Use of Forced Entry

The judge reviewed case law, all of which affirmed the principle that a person’s home cannot be entered by force without express legal authority. He noted that Parliament has created such powers in specific areas—such as for police entry, utility warrants, and environmental enforcement—but no such power exists for routine landlord access.

Southern Housing argued that rule 70.2A allowed the court to enforce an earlier injunction by appointing someone to carry out the “act required”, even if that necessitated forced entry. The judge disagreed, finding that the “act required” was the tenant permitting access, and that allowing a landlord to break in was a different act entirely, not one contemplated by the rule.

What Landlords Can Do if Tenants Refuse Access

The court emphasised that tenants are still required to comply with access injunctions. If they refuse, landlords may pursue contempt of court or, in persistent cases, possession proceedings. But the court cannot grant landlords the right to break in.

The judge also noted that some other courts have granted forced‑entry orders in similar cases, creating inconsistency. He suggested that authoritative guidance from a senior court may now be needed.

Case Summary

Case: Southern Housing v James Emmanuel
Court: County Court at Bromley
Judge: District Judge Cridge
Neutral citation: [2025] EWCC 58
Date of judgment: 27 October 2025

Key Takeaways and Why This Matters

This decision highlights the clear legal boundary that landlords cannot force entry for inspections or safety checks, meaning any disputes over access must be addressed through lawful enforcement mechanisms, such as injunctions or possession proceedings, rather than physical entry. It also serves as an important reminder for tenants that although forced entry is prohibited, refusing reasonable access can still result in serious legal consequences, including findings of contempt or potential possession action.

If you need guidance on managing access issues or any other tenancy dispute, or contact our Property Litigation Team.

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