Plymouth Community Homes Limited v Lee Hammond

Plymouth Community Homes Limited v Lee Hammond

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 the tenant has failed to comply with an access injunction, provided the landlord acts reasonably, gives proper notice, secures the property, and provides the tenant with a new key. This enforcement mechanism does not offend common law or the terms of the tenancy, and is a proportionate means of securing compliance with essential safety obligations.

Parties
Claimant: Plymouth Community Homes Limited; Defendant: Mr Lee Hammond
Jurisdiction
England and Wales
Judgment Date
05 May 2026
Procedural Posture
Civil (landlord and Tenant) / Application to Enforce Access Injunction
Outcome
Application allowed in part
Legal Topics
Enforcement of Injunctions, Access to Let Premises, Rule 70.2 a Civil Procedure Rules, Quiet Enjoyment, Contractual Rights of Entry
Landlord and Tenant Law Civil Procedure Enforcement of Injunctions Access to Let Premises Rule 70.2 a Civil Procedure Rules Quiet Enjoyment Contractual Rights of Entry

Case Brief

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Parties

Plymouth Community Homes Limited

Claimant

Mr Lee Hammond

Defendant

Procedural Posture

Civil (landlord and Tenant) / Application to Enforce Access Injunction

Legal Issues

  1. 1 Whether the court has power to authorise forced entry by landlord to enforce access injunction under rule 70.2A Civil Procedure Rules
  2. 2 Whether such an order is consistent with common law and the tenancy agreement
  3. 3 Whether the act required by the injunction can be performed by the landlord in the event of tenant's non-compliance

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 the tenant has failed to comply with an access injunction, provided the landlord acts reasonably, gives proper notice, secures the property, and provides the tenant with a new key. This enforcement mechanism does not offend common law or the terms of the tenancy, and is a proportionate means of securing compliance with essential safety obligations.

Court Disposition

Application allowed 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 at no charge if locks are changed.
  • Order to be personally served on the Defendant with verbal and written explanation.