Written by Jasmin Rogers
Access injunctions are orders of the court, granted typically in the County Court, requiring a tenant, leaseholder, or occupier to allow a landlord or managing agent access to a property. This is usually to comply with statutory obligations such as:
- Gas Safety (Installation and Use) Regulations 1998 – annual gas safety inspections
- Landlord and Tenant Act 1985 – repairs to keep the property in good repair
- Housing Act 2004 – remedial works following local authority enforcement
- Electrical safety checks under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
Over the past few months, we have dealt with several housing access injunction cases that needed to be amended after they were granted. A common theme has been that forced access is not always granted at the first hearing. Judges sometimes refrain from including a forced entry clause if they’re not satisfied that the claimant has made sufficient attempts to contact the tenant or attend the property. The court will often expect clear evidence that all reasonable steps have been taken to arrange access before authorising such a significant measure.
In practice, this often means that the landlord first secures an injunction without forced access, serves it on the defendant, and then makes further documented attempts to enter. If those fail, the judge is far more likely to be satisfied that forced access is justified, and at that stage, Landlords can file an N244 Application to assist with enforcement. Under CPR 3.1(7) the court has the ‘power to vary or revoke the order.’ The following sections outline how the N244 can be used in this context, the common challenges that may arise, and key practical considerations for landlords.
Uses of the N244 in access injunction proceedings
- Varying the injunction – For example, to add further terms such as access for additional safety checks or to clarify specific dates and times.
- Extending or renewing the Order – Where the required inspection or works could not be completed before the original injunction expired.
- Enforcing compliance – If the occupier continues to deny access, the applicant may seek to add a forced access provision, enabling lawful entry—potentially with a locksmith or enforcement officer—to complete the outstanding works or checks.
Practical example
A social landlord obtains a County Court injunction requiring a tenant to allow entry for a gas safety inspection on a given date. The tenant refuses entry. The landlord can use an N244 to ask the court to:
- Request an order for forced access if the original injunction did not include this power, enabling lawful entry with the assistance of a locksmith and, if necessary, a court enforcement officer or police presence.
- Add different elements to the order. For example, to include access for gas and electrical safety test, if the original order only granted access for gas.
This is particularly useful where the landlord’s statutory duty to carry out safety checks is being obstructed, and all reasonable attempts at voluntary access have failed.
Details to note
- Evidence – a witness statement should accompany the N244, showing attempts made to gain access, copies of notice letters, and any history of refusals.
- Service – The application and supporting evidence should normally be served on the defendant unless a without-notice application is justified (e.g., urgent safety risk).
- Fee – There are extra fees for n244.
Common challenges
- The judge may not be willing to grant forced access as this is at the court’s discretion.
- If there isn’t enough evidence of continued attempts to access the property, then the judge may not wish to allow changes.
- If the sealed order was not properly served on the defendant, the judge may refuse to amend the original order until correct service has been completed.
How we can best avoid challenges
To avoid these issues, it is crucial that clients make enough physical access attempts, with the correct notice as per the tenancy agreement (usually 48 hours before an appointment). We usually advise at least 3 instances of no access before a N244 would be deemed necessary (This can vary on a case by case basis). We have also learnt that the Judge would like to see that the client has attempted another means of communication apart from letters, for example, texts, calls and/or emails. This allows the tenant the best chance of allowing access prior to any further court involvement.
The N244 Application Notice is an essential tool for landlords seeking to vary, extend, or enforce access injunctions when tenants refuse entry. It enables landlords to meet their legal obligations such as safety inspections and essential repairs by returning to court with supporting evidence. While effective, success depends on proper preparation, including documented access attempts and correct service. Used appropriately, the N244 helps ensure statutory duties are fulfilled where voluntary access has failed.
If you want to discuss anything further or are interested in additional guidance, please contact our housing management team: Specialist Housing Management Solicitors – Clarke Willmott