Housing Act 1985

General supplementary provisionsE+W

395 Powers of entry.E+W

(1)Where it appears to the local housing authority that survey or examination of any premises is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises, a person authorised by the authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter the premises for the purpose of such a survey and examination.

(2)A person authorised by the local housing authority may at any reasonable time, without any such prior notice as is mentioned in subsection (1), enter any premises for the purpose of ascertaining whether an offence has been committed under any of the following provisions of this Part—

• section 346(6) (contravention of or failure to comply with provision of registration scheme),

• section 355(2) (failure to comply with requirements of direction limiting number of occupants of house),

• section 358(4) (contravention of overcrowding notice),

• section 368(3) (use or permitting use of part of house with inadequate means of escape from fire in contravention of undertaking),

• section 369(5) (contravention of or failure to comply with regulations prescribing management code),

• section 376(1) or (2) (failure to comply with notice requiring execution of works).

(3)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F1and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

396 Penalty for obstruction.E+W

(1)It is a summary offence [F3intentionally] to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2)A person committing such an offence is liable on conviction to a fine not exceeding [F4level 3] on the standard scale.

397 Warrant to authorise entry.E+W

(1)Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person employed by, or acting on the instructions of, the local housing authority—

(a)for the purpose of survey and examination to determine whether any powers under this Part should be exercised in respect of the premises, or

(b)for the purpose of ascertaining whether an offence has been committed under any of the provisions of this Part listed in section 395(2),

the justice may by warrant under his hand authorise that person to enter on the premises for those purposes or for such of those purposes as may be specified in the warrant.

(2)The justice shall not grant the warrant unless he is satisfied—

(a)that admission to the premises has been refused and, except where the purpose specified in the information is that mentioned in subsection (1)(b), that admission was sought after not less than 24 hours’ notice of the intended entry had been given to the occupier, or

(b)that application for admission would defeat the purpose of the entry.

(3)The power of entry conferred by the warrant includes power to enter by force, if need be, and may be exercised by the person on whom it is conferred either alone or together with other persons.

(4)If the premises are unoccupied or the occupier is temporarily absent, a person entering under the authority of the warrant shall leave the premises as effectively secured against trespassers as he found them.

(5)The warrant continues in force until the purpose for which the entry is required is satisfied.

398 Meaning of “lessee”, “owner”, “person, having control” and similar expressions.E+W

(1)In this Part the expressions “lessee”, “owner” “person having an estate or interest”, “person having control”, and “person managing” shall be construed as follows.

(2)“Lessee” includes a statutory tenant of the premises, and references to a lease or to a person to whom premises are let shall be construed accordingly.

(3)“Owner”—

(a)means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession or in reversion, and

(b)includes also a person holding or entitled to the rents and profits of the premises under a lease having an unexpired term exceeding three years.

(4)“Person having an estate or interest” includes a statutory tenant of the premises.

(5)“Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were let at a rack-rent (and for this purpose a “rack-rent” means a rent which is not less than 2/3rds of the full net annual value of the premises).

(6)“Person managing”—

(a)means the person who, being an owner or lessee of the premises, receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, and

(b)includes, where those rents or other payments are received through another person as agent or trustee, that other person.

399 Minor definitions.E+W

In this Part—

• “dispossessed proprietor”, in relation to a house subject to a control order, means the person by whom the rent or other periodical payments to which the local housing authority become entitled on the coming into force of the order would have been receivable but for the making of the order, and the successors in title of that person;

• “final determination”, in relation to an appeal, includes the withdrawal of the appeal, which has the same effect for the purposes of this Part as a decision dismissing the appeal;

• “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

400 Index of defined expressions: Part XI.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—