england-and-wales landlord tenant
Landlords rights to notified yet unpermitted access
<p>Is this a legal/enforceable term in England? (Landlords rights to notified yet unpermitted access)</p>
<p>Tenant (assume residential tenan(t/cy)) agrees... &quot;To permit the landlord or his agent or authorised workman, from time to time upon a minimum of 24 hours prior written notification (except in case of emergency), to enter the premises during working hours and or at other reasonable times including at weekends, to inspect the premises, its fixtures and fittings, and to do work which might be required from time to time in order to fulfill obligations under this agreement or relevant legislation.</p>
<p>Note that it stipulates unilateral notice must be served but not that acknowledgement, confirmation or permission and agreement of acceptable time by the tenant must be obtained.</p>
<p>This would seem as I understand it to breach the quiet enjoyment covenant. Can a tenancy term override an implied covenant?</p>

<p>Yes, see <a href="https://www.legislation.gov.uk/ukpga/1985/70/section/11?timeline=false" rel="nofollow noreferrer">section 11</a> of the Landlord and Tenant Act 1985:</p>
<blockquote>
<p>(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—</p>
<ul>
<li><p>(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),</p>
</li>
<li><p>(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and</p>
</li>
<li><p>(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.</p>
</li>
</ul>
<p>...</p>
<p>(6)In a lease in which the lessor’s repairing covenant is implied there is also <strong>implied a covenant by the lessee</strong> that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.</p>
</blockquote>
<p>Also see the <a href="https://www.gov.uk/private-renting#:%7E:text=Your%20responsibilities,and%20they%20need%20immediate%20access." rel="nofollow noreferrer">dot.gov</a> guidance, especially the section entitled &quot;Your responsibilities&quot;:</p>
<blockquote>
<p>You should give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.</p>
</blockquote>

<p>There's this <a href="https://landlordlawblog.co.uk/2010/07/13/locks-and-keys-what-are-tenants-rights/" rel="nofollow noreferrer">opinion</a> of this lawyer</p>
<pre><code>Landlords are not entitled to enter the property without the tenants permission. 
This is a fundamental right tenants have which is included in all tenancy agreements by implication, 
even if not specifically stated in the tenancy agreement. 
So if landlords start entering the property without the tenants knowledge
or consent, the landlord is in breach of the terms of the tenancy agreement.
</code></pre>
