Who Can Enter Your Home without Permission?

Are you worried about someone entering your home without your permission? Perhaps a bailiff company is giving you a hard time?

You’re in the right place. Each month, over 170,000 people visit our site for guidance on such matters, so you’re not alone.

In this article, we will explain:

• Who can enter your home without your permission.
• The laws that protect you and your home.
• How to handle bailiffs and understand their powers of entry.
• Your rights as a tenant or homeowner.
• What you can do if you’re dealing with unaffordable debt.

Shelter found that no-fault evictions have increased by 143% in recent years, often involving bailiffs in the eviction process¹. So, we understand your fears about them coming to your home or your belongings being taken away.

Don’t worry! This guide is here to help you understand your rights and know what to do.

Can Someone Enter Your Home Without Permission?

Unauthorised entry into property is a serious offence. However, in some cases, people with specific jobs can access your property without permission.

For example, housing officers, fire service workers, and others can enter your premises without permission.

They have what is known as Power of Entry.

How To Stop Bailiffs From Entering Your House

Bailiffs are seen as the worst people to be knocking on your door.

You can stop them from entering your home by creating a plan to pay your debts.

You can use our calculator to see the solutions available to write off some of your debt, thus preventing bailiff intrusion.

Your Rights With Bailiffs

I recently shared some important rights you have with bailiffs in an interview with the Mirror². You see, bailiffs can visit your home but are not allowed to take essential items or threaten you.

I’ve put together this table that will help you better understand your rights and prevent unfair treatment. If you want to learn more about what bailiffs can and can’t do, be sure to read our detailed guide.

What are powers of entry?

Power of entry³ is a statutory right for some public service workers to enter your home or land without prior permission.

It only applies to a narrow and specific set of public service workers, so you must know your rights and who can enter your property.

Who has the statutory right to enter?

The statutory right is granted to a person in state and public service jobs in specific situations only.

Some examples of these roles are:

1. Police officers 
2. Fire service workers
3. Ambulance workers
4. Council and local authority trading standards officers
5. Some enforcement agents

These people have legitimate access to private property to carry out their work as part of an emergency, a court order, an urgent search or an investigation.

For example, a firefighter has the power to enter a property to investigate the cause and development of a fire.

They can also seize and remove materials.

They do not have the right to enter your premises unless a specific situation grants them this right.

Can bailiffs break into your house?

Bailiffs have the legal power to enter your home through unlocked and open doors – but never windows.

As I see it, it is best to keep everything locked and to communicate through an upstairs window when possible.

There are limited occasions when a bailiff can use reasonable force to enter.

This does not mean breaking down your door but instead employing a locksmith to unlock your door.

The limited number of situations that allow a bailiff to do this are:

1. When they are collecting Magistrate fines
2. Collecting HMRC debts
3. Defaulting on a Controlled Goods Agreement (and the secured goods against the agreement are inside your home)

It is illegal for enforcement agents to act aggressively, harm you, or force their way into your property in any other situation.

The same rules apply if you are the homeowner or one of the tenants.

I have compiled a guide to help you deal with bailiffs if you’ve recently received a CCJ or Notice of Enforcement.

Can bailiffs come on a weekend?

Bailiffs can visit your property on a Saturday but should not visit your address on a Sunday, bank holiday or during national holidays, such as Christmas or Good Friday.

They should notify you of their intended visit and seizure of goods.

If the bailiffs visit on a day they are not supposed to, contact them and make a complaint.

On days they are permitted to come to your property, the rules say they should only arrive between 6am and 9pm.

Can water and energy companies enter without a warrant?

Water companies are a little bit different.

They do not need your permission to access your house and inspect a water meter.

You should also be aware that your water supply can never be switched off, as running water is a fundamental human right.

However, energy companies must get your approval to enter or obtain a warrant to enter first.

They will do this if you have arrears and they want to fit a prepayment meter in the property.

Can your landlord enter your home without your permission?

No.

If you are a legitimate tenant of a property, you take over the legal rights to live in that property without interference from your landlord.

A landlord’s right to enter largely depends on whether they can get consent from their tenants first. This would be an offence.

You can report them to the council for enforcement action if they enter without your permission. If they want to go and carry out an inspection of the property or carry out a repair, they must:

1. Give you 24 hours notice
2. Only visit at a reasonable time 

If they provide 24 hours’ notice and propose a sociable time, you cannot repeatedly refuse entry to a landlord or a letting agent they’ve employed.

You can, however, negotiate another time or date if the time and/or date they have requested is not convenient.

For example, you can reject a time proposed by the landlord, but you should then offer an alternative.

If you have not kept up with your rent, your landlord cannot access the premises and kick you out. There are official processes that must be followed, and it can take time for landlords to get their tenants out-even if they have stopped paying rent.

As you can see here, this MoneySavingExpert forum user had a tenant that was at least two months in arrears with their rent.

It took the landlord over eight months to evict the tenant.

If you are struggling to meet your bills and essential costs, you may benefit from our budgeting guide and related resources.

Can a landlord ever come inside without notice?

Landlords can come inside without permission or notice if there is a real emergency.

Sometimes landlords and tenants cannot agree on what constitutes an emergency. Significant emergencies include gas leaks, flooding and fire.

Most tenants take this as the landlord gaining entry to protect their living conditions, and possibly the tenants’ safety.

If your landlord wants to carry out repairs at the property or wants someone else to carry them out remember that they need to give you 24 hours’ notice and they can only do the work at a reasonable time.

What rights do tenants have in the UK?

If you are a tenant living in a privately rented property, you have certain rights and responsibilities.

For instance, you have a right to live in accommodation that is safe and in good condition, and you should be able to live here undisturbed.

You also have a right to challenge excessively high charges, a right to get your deposit back when the tenancy ends, and you should be protected against unfair rent and eviction.

Tenant responsibilities

As a tenant in a privately rented property, your responsibilities include taking care of the property, paying the agreed rent and other charges, and repairing or paying for damages caused by you or your family and friends.

In addition, you can only sublet the property if your landlord or the tenancy agreement allows it.

If you don’t meet these responsibilities, your private landlord has the right to take steps to evict you.

Can the police search your house without a warrant?

The police need a search warrant to gain access to a property in most situations.

However, there are several instances when the police do not need one to enter your premises. These include:

1. When they are in pursuit of a criminal believed to have carried out a serious crime, or have been arrested and have now escaped.
2. When a police officer hears distress or cries for help
3. To arrest someone
4. For an inspection relating to a disturbance
5. When invited into the premises without a legitimate warrant but by the owner or tenant

Entry alone does not give a police officer power to conduct a search.

For this, they would generally need a search warrant. Without consent to perform a search with a warrant, any evidence they find as part of a criminal investigation could be deemed inadmissible by a court.

An unwarranted police search means the evidence would not be allowed into the court proceedings, and they may be unable to make a conviction.

What can you do if your property has been searched?

Property search complaints can be made if your property has been searched without a warrant.

If you were the subject of a legal search and the police seized items for their investigation, you do not have any right to retrieve them.

However, you can ask for the items back.

You should write to the Chief Constable if you have reason to believe they are not being used as evidence. You must speak with the Procurator Fiscal if they tell you they are being treated as evidence.

Can the council enter your property?

Only rarely.

Local authority property inspections may take place if an assessment needs to be conducted to check for legal breaches in building work.

In addition, housing officers can enter your home to inspect housing conditions. They typically give notice when doing so.

References

1. Shelter – Section 21 Bailiff eviction statistics
2. Mirror – Bailiffs: What they can and can’t take
3. GOV.UK – Powers of entry