Can the council force tenant inspections and demand evictions for smoking?

Can the council force tenant inspections and demand evictions for smoking?

0:01 AM, 18th March 2025, About a month ago 22

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Hi, I have recently applied for and been granted licences for some flats I own in Birmingham.

Now the council are conducting assessments on all flats wishing to spend half an hour with each tenant. Firstly, they expect me to organise all my tenants to be home on the same day but not offering a weekend option.

They have terrified one of my very vulnerable tenants yesterday and demanded that he does let them in, not sure how this stacks up against my tenant’s human right to a quiet and peaceful home life. Finally, I have had one house done and was surprised that the only thing pointed out was that a tenant was smoking in his own flat. I spoke to a landlord yesterday that told me Birmingham council told him he should evict a tenant for smoking in his own flat.

How can this be legal?

Thanks,

Noel


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Paul

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10:06 AM, 18th March 2025, About a month ago

It depends what he is smoking. 🙂 If it's illegal substances, then maybe the council have grounds to suggest eviction. If its legal tobacco, surely that is between the landlord and tenant?

DAMIEN RAFFERTY

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10:06 AM, 18th March 2025, About a month ago

Never underestimate the powers that the council have.
They are the only organisation that can enter your HOME without a search warrant!
If they suspect you own a HMO without a licence they can enter at any time.
Oh dear I swore I saw 5 men enter that property last night
Oh it must be an illegal HMO and we can enter the property at 6am and find them all asleep to prove the Landlord is running a HMO without a licence
Bingo ÂŁ30,000 fine

L Bennett

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10:09 AM, 18th March 2025, About a month ago

you don't say what kind of assessment or what kind of licences are required.I'm not sure the council have any right to expect to spend time with a tenant?

If a tenant is smoking in a flat, it's not his own and i'm sure there will be clauses about that. However, not for a council to have any input.

Without all the facts, this is just my opinion.

L Bennett

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10:11 AM, 18th March 2025, About a month ago

Reply to the comment left by DAMIEN RAFFERTY at 18/03/2025 - 10:06
what act/legislation says they can do that?

Darren Peters

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10:35 AM, 18th March 2025, About a month ago

Surely the council can liaise directly with tenants if they want to meet up? Why would you need to be the middleman?

Also, taking into account Mr Rafferty's comments above, under what legislation does the council have the right to tell you to evict somebody? If the tenant is committing a crime or antisocial behaviour (which smoking in your own flat isn't) that's a matter for the police or the council themselves isn't it?

Sheridan Vickers

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11:28 AM, 18th March 2025, About a month ago

I wouldn't organise anything with the tenants for the council. I'd let them get on with it. As for smoking, let the council deal with it again.

Paul Essex

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12:07 PM, 18th March 2025, About a month ago

I am going to assume that these flats are in council blocks so they may just be assessing the fabric of the building. They certainly can't expect you to rearrange the tenants lives for their benefit.
I guess most of their tenants are at home all day?

Simon F

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12:37 PM, 18th March 2025, About a month ago

Council's have powers on entry to undertake their duties. That is set out in Section 239 of Housing Act 2004, see here: https://www.legislation.gov.uk/ukpga/2004/34/section/239. They must serve a written notice at least 24 hours in advance to both the property owner and occupant. It is reasonable that they ask the landlord to attend and unlock the door at the appointed date and time. The landlord is under no obligation to persuade the occupants to be present or do anything at all. Council officers should not be demanding entry without a S239 notice. In England, it's the Health Act 2006 that defines the smoking ban in public places and places of work, and that has the explicit exemption in section 3(2) of any premises that a person has their home, see; https://www.legislation.gov.uk/ukpga/2006/28/section/3 (other readers should note the law differs in Wales, Scotland & NI).

David Houghton

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15:33 PM, 18th March 2025, About a month ago

Reply to the comment left by L Bennett at 18/03/2025 - 10:11
They can enter with a magistrates warrant without notice under part 2 and 3 of the Housing act 2004.

David Houghton

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15:37 PM, 18th March 2025, About a month ago

The best approach is to tell the council in writing you are happy to cooperate. All you require is the statutory authority for their requests. They do make a lot of stuff up. Or as my ex boss ( when I was hmo inspections officer) says oh we just wing it. Needless to say I left rather than break the law

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