Writing in The Negotiator magazine, Nathan Dawson, Senior Client Compliance Auditor at AST Assistance, questions the problem of tenants not allowing access, saying:
The Government has announced plans to restrict housing benefit payments to landlords whose properties fail to meet minimum standards, part of a broader crackdown on “rogue” supported housing providers.
Ministers say the move targets landlords exploiting the system by providing unfit and unsafe homes to vulnerable tenants, while receiving uncapped housing benefit in return.
While the aim of improving housing quality is widely supported, property professionals argue the proposed approach is flawed—especially when landlords are unable to gain access to their properties to carry out essential inspections or repairs.
The Access Dilemma: A Silent Compliance Crisis
Many landlords find themselves powerless to meet their legal responsibilities due to tenants refusing access—yet the law continues to hold them fully accountable.
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🛠️ Current rules place all responsibility on landlords, with no effective remedy when tenants block inspections or maintenance work.
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🚫 As a result, even landlords acting in good faith could be denied housing benefit payments or fined, despite making repeated, documented efforts to maintain their properties.
This disconnect creates a perverse scenario where good landlords face penalties, while the system lacks mechanisms to support them in resolving access issues.
Time for a Fairer Legal Framework
Rather than imposing further penalties, the government should consider reforms that enable landlords to fulfil their obligations, including:
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✅ A clear legal right of access for health and safety-related maintenance
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📅 A streamlined process for enforcing entry in reasonable timeframes
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📢 Tenant obligations that require cooperation in facilitating essential property checks and repairs
Without these, blanket benefit restrictions risk penalising the wrong people—those doing their best in a complex legal environment.
A Proactive and Balanced Compliance System
A robust compliance framework should:
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Support landlords who document their efforts to gain access
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Provide practical tools and official guidance for managing uncooperative tenants
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Recognise that maintaining property standards requires both parties to act responsibly
A one-sided system only increases legal uncertainty, deterring responsible landlords from continuing to offer homes in a tight rental market.
Guidance and Support Available
Landlords navigating this evolving regulatory landscape should seek expert tenancy guidance to stay compliant and prepare for inspections. Understanding your legal rights and obligations can help you:
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Avoid unintentional breaches
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Record your maintenance attempts effectively
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Take early steps to mitigate tenant access issues
A fair and functioning rental market needs regulation that works with landlords, not against them—especially when those landlords are part of the solution, not the problem.
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