Plymouth Community Homes Ltd v Hammond [2026] EWCC 27 (05 May 2026)

Plymouth Community Homes Ltd v Hammond [2026] EWCC 27 (05 May 2026)

The court has power under rule 70.2A of the Civil Procedure Rules to authorise the landlord to force or change the locks to gain access where a tenant has failed to comply with an access injunction, provided the landlord acts proportionately, gives proper notice, secures the property, and provides the tenant with a new key if locks are changed. This does not constitute trespass or breach of quiet enjoyment as the right of access is expressly and impliedly part of the tenancy. The order is not an amendment of the injunction but an enforcement mechanism following non-compliance.

Citation
[2026] EWCC 27
Parties
Claimant: Plymouth Community Homes Limited; Defendant: Mr Lee Hammond
Jurisdiction
England and Wales
Judgment Date
05 May 2026
Procedural Posture
Application to Enforce Access Injunction / Post Injunction Enforcement Hearing
Outcome
Application granted in part
Legal Topics
Access Injunctions, Enforcement of Court Orders, Tenancy Rights, Rule 70.2 a CPR, Quiet Enjoyment, Landlord's Right of Entry
Landlord and Tenant Civil Procedure Access Injunctions Enforcement of Court Orders Tenancy Rights Rule 70.2 a CPR Quiet Enjoyment Landlord's Right of Entry

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Parties

Plymouth Community Homes Limited

Claimant

Mr Lee Hammond

Defendant

Procedural Posture

Application to Enforce Access Injunction / Post Injunction Enforcement Hearing

Legal Issues

  1. 1 Whether the court has power to authorise forced entry by a landlord to enforce an access injunction under rule 70.2A of the Civil Procedure Rules
  2. 2 Whether such an order is compatible with common law and the terms of the tenancy agreement
  3. 3 Whether the court should exercise its discretion to grant the order sought

Ratio Decidendi

The court has power under rule 70.2A of the Civil Procedure Rules to authorise the landlord to force or change the locks to gain access where a tenant has failed to comply with an access injunction, provided the landlord acts proportionately, gives proper notice, secures the property, and provides the tenant with a new key if locks are changed. This does not constitute trespass or breach of quiet enjoyment as the right of access is expressly and impliedly part of the tenancy. The order is not an amendment of the injunction but an enforcement mechanism following non-compliance.

Court Disposition

Application granted in part

Orders

  • Claimant authorised under rule 70.2A CPR to enforce the injunction by forcing or changing the locks after giving the Defendant not less than 48 hours written notice, securing the property, and providing a new key if locks are changed.
  • Order to be personally served on the Defendant, with verbal and written explanation.