Locks are usually discussed as protection against burglars, but in a rented home they also raise a question about who else holds a key and when they may use it. In England, the law and government guidance draw firm lines around a landlord’s access. This article sets out what those lines are, and what they mean for spare keys, lock changes and any security equipment in a tenancy.
A landlord cannot simply walk in
The Government’s “How to rent” guide for tenants in England lists what landlords are expected to do. It says a landlord or agent should seek the tenant’s permission to access the home and give at least 24 hours’ notice of proposed visits for things like repairs, and that those visits should take place at reasonable times. It goes further and states that neither the landlord nor the letting agent is entitled to enter the home without the tenant’s express permission.
The guide is written for people renting under an assured shorthold tenancy, whether directly from a landlord or through an agent. It does not cover lodgers who live with their landlord, or people with licences, and the position for those occupiers can differ. It is also guidance for England only; Wales, Scotland and Northern Ireland each have their own tenancy frameworks and are not covered here.
Why a landlord’s spare key is not a right of entry
Many landlords keep a set of keys, which is common and often sensible for emergencies. Holding a key does not create a right to use it. The permission and notice expectations in the guide apply whatever keys exist. For a tenant, the practical point is to ask, in writing, when a visit is planned and why, so there is a record if a dispute develops.
At the end of a tenancy the same guide tells tenants to return all sets of keys provided, and warns that a landlord may charge for changing the locks if they are not returned. That is a useful reminder that key control matters in both directions: a tenant who loses a key may face a cost when moving out.
Changing locks against a tenant is a criminal matter
The Protection from Eviction Act 1977 draws the sharpest line. Section 1 applies in England and Wales and defines a residential occupier as someone occupying premises as a residence, whether under a contract or by virtue of an enactment or rule of law giving them the right to remain. Under section 1(2), a person who unlawfully deprives the residential occupier of their occupation, or attempts to, commits an offence unless they prove they believed, and had reasonable cause to believe, that the occupier had ceased to reside there.
Section 1(3A) separately makes it an offence for a landlord or agent to do acts likely to interfere with the peace or comfort of the occupier, or to persistently withdraw or withhold services reasonably required for the home, where they know or have reasonable cause to believe that this is likely to make the occupier give up the home or stop exercising a right. A landlord has a defence if they prove they had reasonable grounds for the acts. On conviction in the magistrates’ court the penalty is a fine or up to six months’ imprisonment or both, and on indictment a fine or up to two years’ imprisonment or both.
Changing the locks so that a tenant cannot get back in is the classic example of what the Act is aimed at, although the section itself speaks in general terms about depriving an occupier of occupation. Section 1(5) confirms that criminal liability does not remove any civil remedy the tenant may also have.
What this means for security equipment in a rented home
- Tenant-controlled entry. Because a tenant’s permission governs entry, arrangements such as smart-lock codes for a landlord or contractor are best agreed in writing and limited in time. The site’s guide to temporary smart-lock codes explains the mechanics.
- Cameras. A camera that a landlord installs inside a rented home raises privacy questions separate from access; see Cameras in Rental Properties.
- Landlord-side planning. Landlords who want access controls that respect these rules can start with Home Security for Landlords.
Checking the tenancy type
Protection depends partly on the kind of occupier involved. Government guidance identifies excluded tenancies or licences, which can apply where a person shares rooms such as a kitchen or bathroom with the landlord, as arrangements that usually carry less protection from eviction. Anyone unsure which category applies should check with a housing advice service before relying on the general points above.
Frequently asked questions
Can a landlord enter for a repair without notice? Under the Government’s guide, landlords should give at least 24 hours’ notice and seek permission, and are not entitled to enter without the tenant’s express permission.
Does the “How to rent” guide cover lodgers? No. It states that it does not cover lodgers who live with their landlord or people with licences.
Is it an offence for a landlord to change the locks while a tenant is out? Where the tenant is a residential occupier and is unlawfully deprived of occupation, section 1 of the Protection from Eviction Act 1977 can apply in England and Wales.
The bottom line
In England, a landlord’s spare key does not carry a right of entry: the Government’s guide says permission and at least 24 hours’ notice are expected, and that landlords and agents are not entitled to enter without express permission. In England and Wales, unlawfully depriving a residential occupier of the home is an offence under section 1 of the Protection from Eviction Act 1977. This is general information, not legal advice; a tenant facing a lock-out should contact their local council’s housing team or a housing advice service straight away.