Council Powers Of Entry For Housing: What You Need To Know
In this post we will look at what powers of entry local councils have in relation to housing. We will look at who has the power to enter your property, for what reasons, and at what they can do.
Who has a right to enter your property …. and why?
While it is widely known that police officers have a power to enter property it is often not realised that a number of local council officers also have a legal power of entry in some circumstances. Officers who may have the power to do this include rating officers, planning officers and particularly housing officers.
Local authority housing officers can enter for various reasons: These include to allow them to inspect a property for defects or alleged breaches of housing law. They can also enter where necessary to serve or enforce a housing-related notice or order, such as an improvement notice, prohibition order or management order.
Council officers may exercise their right of entry in order to inspect or enforce standards in rented accommodation. There are also specific right of entry powers relating to HMOs. However, these rights do not only extend to rented property. Councils can also use their powers of entry in relation to empty property.
What legal powers do local councils have?
Councils have legal powers of entry under Section 239 and Section 240 of the Housing Act 2004. These are contained in Part 7, the supplementary and final provisions of the Act.
Section 239 of the Housing Act 2004 gives a local housing authority powers of entry where they consider this is necessary in order to carry out their housing responsibilities under Parts 1 to 4 of the Act. Section 240 allows a local housing authority to apply for a warrant to obtain entry to, and also to force entry to, a property if necessary.
A power of entry is a statutory legal right to enter property. It is an offence to obstruct a properly authorised person who has this right.
However, it is important to note that where council officers do not follow the procedures as stipulated in the relevant legislation the power of entry may be invalid.
Powers of entry and how they work
Council powers of entry into a property are a relatively lightly used power. Councils may prefer to engage with property owners and occupiers informally. A formal power of entry may be exercised where the property owner does not engage with council officers or where the property owner cannot be located – such as in the case of an empty property.
When it is deemed necessary to exercise a power of entry the legislation sets down the procedure which must be followed.
When can these powers be used?
Powers of entry to property can only be used in specified circumstances. These include inspecting a property for defects and to see if a breach of the law has been committed, or serving or enforcing an order or notice.
What authorisation is required?
Council officers exercising a power of entry are exercising what is known as a delegated power. They must have been authorised by the council in accordance with its usual procedure for delegating their powers.
The council must issue an authorisation to use a power of entry. It must be in writing, must state the particular purposes for which the entry is authorised and must be produced to an owner or occupier on request.
Notice – when it is and is not required
Council officers can visit a property at what is considered to be any reasonable time. However they must in most cases (but see below) give 24 hours notice of their visit to both the owner of the property and the occupier.
A 24 hour notice period is not required in certain cases. These include where it is alleged an offence has been committed in relation to operating an unlicensed HMO, HMO licensing and management breaches and selective licensing breaches.
What can an officer exercising a power of entry do?
The legislation states that a person exercising a power of entry may do a number of things as they consider is necessary according to the reason for their visit. They can:
Take other people with them.
Take equipment or materials with them.
Take measurements, photographs or recordings.
Leave recording equipment on the premises, and collect it later.
Take samples of articles or substances found on the premises.
Note that Section 239 of the Act does not include a power to force entry – this is provided for in Section 240.
Responsibility to leave secure
When exercising a power of entry, if the premises are unoccupied or the occupier is absent, the officer must leave the premises as effectively secured against trespassers as they found them.
Warrants to enter: When they can be used and how they work
When a warrant can be used
Where entry to a property is positively refused, or where a property is unoccupied and urgent entry is needed, the council may make an application to a justice of the peace in the magistrates’ court for a warrant to enter the premises.
Power to enter by force
The power of entry granted by a warrant under this legislation includes the power to enter by force if necessary.
Conditions applying to the use of a warrant
A number of conditions apply when a warrant is applied for, including:
The justice must be satisfied that entry is required for the purposes allowed by the legislation. This will be specified in the warrant.
The justice must be satisfied that admission has first of all been sought to the property in accordance with Section 239, but has been refused.
Where the property is unoccupied or the occupier is absent the justice must be satisfied that waiting for their return might defeat the purpose of the entry.
Requirement to produce the warrant
A warrant must, if so required, be produced for inspection by the owner or any occupier of the premises or anyone acting on their behalf.
Responsibility to leave secure
When entering using a warrant, if the premises are unoccupied or the occupier is absent, the officer must leave the premises as effectively secured against trespassers as they found them.
How long is a warrant valid for?
A warrant remains in force until the purpose for which the entry was originally required is satisfied.
Penalties for obstruction
Under Section 241 of the Housing Act 2004 it is an offence to obstruct an official who enters a property using a warrant (although there are some reasonable excuses and defences for obstruction). A person who commits this offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
How Surrey Property Licensing can help
HMO licensing and enforcement is a complex area but we have a professional and dedicated team that offers services that as property landlords you can tap into. We are here to help, assist, and advise you. We offer a free 20-minute initial consultation to assess your situation and decide how we can best meet your needs. To discuss your specific requirements or enquire, please call 01483 608975 or use our contact form and a member of the team will come back to you.
