New guide assists landlords with access

UK Top 50 law firm Birketts has introduced a practical guide designed to aid social housing landlords in addressing the growing concerns around “no access” issues. This development comes as research, backed by the Chartered Institute of Housing (CIH), reveals that 60% of social housing providers now consider “no access” a significant challenge. Missed appointments due to lack of access not only delay essential safety work but also lead to escalating costs and heightened legal risks. The Housing Quality Network (HQN) echoes these findings, indicating an increasing number of its members are experiencing access difficulties.

The research highlights the complexity of the “no access” phenomenon, pointing out that there is no singular cause. Rather, the issue arises from an array of factors that include tenant vulnerability, communication barriers, and operational hurdles within landlord organisations. In light of these challenges, Birketts’ social housing team has compiled the Guide to No Access Issues, offering a structured approach for landlords to secure access, ensure compliance, and minimise disputes.

The introduction of Awaab’s Law, which will come into effect in October 2025 with additional phases expected in 2026 and 2027, imposes stricter obligations on landlords to investigate and rectify hazards within specified time limits. As accessing properties becomes increasingly critical, the guide highlights the essential balance landlords must maintain between their compliance obligations and tenants’ legal right to quiet enjoyment.

The guide comprises several helpful tools, including step-by-step flowcharts for emergency and non-emergency access routes, practical advice on issuing notices and managing refusals, strategies for tenant communication to prevent conflict, best practices for recordkeeping in the face of claims or regulatory scrutiny, and templates to ensure consistent engagement with residents. It also clarifies when escalation is necessary, including the use of court orders, and how landlords can establish that they have taken "reasonable steps" to meet their responsibilities.

With a noticeable shift in the sector’s outlook being reported, landlords are increasingly realising that “no access” issues stem not just from tenant behaviour but from underlying personal, social, and operational complexities. Birketts’ guide embodies this understanding, concentrating on straightforward, empathetic communication coupled with strategic planning to preempt disputes.

Thaine Wilson, Partner and Co-Head of Social Housing at Birketts, observed that “the latest research confirms what many landlords are already experiencing – that no access is becoming more frequent, more complex and more consequential under Awaab’s Law.” He added, “At the same time, landlords are operating in a much tighter regulatory environment, where delays to safety works can quickly lead to legal and reputational risk. Our guide is designed to provide practical, legally grounded support to help landlords navigate these challenges with confidence – from first access request through to escalation where necessary.”

With additional phases of Awaab’s Law expected to broaden the scope of hazards involved, the necessity for landlords to obtain timely access will likely intensify. Birketts' guide serves as an essential resource, equipping organisations with the tools they need to fortify compliance, enhance tenant relations, and mitigate potential risks.