No – The landlord (or their agent) can access the property for viewing the condition and state of repair subject to them giving 24 hours’ notice in writing to the occupier. Trying to access the property with less notice or not giving notice in writing is a breach of the tenants’ right to ‘quiet enjoyment’ of the property.
Proving the tenant is sub-letting without consent would require an objective assessment of the available evidence from periodic visits and any neighbour complaints:
- Observe multiple occupants: Look for signs of more people living in the property than the number of tenants on the lease, such as extra beds, mattresses, or personal items like toothbrushes.
- Examine sleeping arrangements: Note any hidden bedding or sleeping areas in common rooms or cupboards or even outbuildings.
- Look for excessive wear and tear: Unevenly distributed wear and tear, particularly in the kitchen and bathrooms, can suggest additional use from unauthorised occupants.
- Mail and deliveries: Addressed to people not listed on the tenancy agreement.
- Refusal to grant access: If tenants consistently refuse entry for visits or are rarely present, this could be a red flag.
- Suspicious behavior before inspections: Arrive for an inspection early to see who enters or leaves the property, as this may reveal unauthorized individuals.
- Neighbor complaints: Pay attention to any complaints from neighbours regarding excessive people or cars at the property, as this can be a strong indicator of unauthorised subletting.
Further Reading
What does the law say about my landlord accessing the property? – Jungle Property Blog