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9:45 AM, 14th September 2023, About 8 months ago 20
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All tenants have a right to quiet enjoyment, but can councils still inspect a property if a tenant and landlord refuse?
The answer to the question – which many landlords may find surprising – is ‘Yes’. Councils do have a legal right to entry and don’t need permission from the landlord or the tenant.
In our second series of selective licensing special reports, we hear from one landlord whose tenant didn’t want his home inspected and an expert on licensing who says councils have more power than the police to enter someone’s home.
Councils can use a power of entry to enter a property even without a landlord’s or tenant’s permission.
A power of entry is a statutory right for a person (for example, local authority trading standards or environmental health officers) to legally enter defined premises, such as a rented property for a specific purpose e.g. selective licensing inspections.
Previously Mick Roberts, a landlord from Nottingham, told Property118 that only at the end of the five-year selective licensing scheme did councils want to inspect his properties.
He told us how one of his tenants was surprised that councils can force entry into the property.
He said: “Some of my tenants won’t let the council in. Licensing uses the words ‘intended entry’ almost like a crime has been committed.”
One of his tenants, who is a single father, wrote to the council asking why his property had to be inspected.
We are choosing to keep his identity anonymous.
The tenant says: “I am a single dad with three kids and chose to live in private rented accommodation due to the ease of getting a house and being left alone. I value my privacy.
“I never signed up to selective licensing. The inspection means taking time out of work and being self-employed means there is a cost to me from this.
“Who is going to cover this one hour of pay I have lost? This is a major inconvenience to me, I find this very annoying due to the fact that I’ve spent a lot of my own money on getting my home how I want it. I have been with this landlord for 10 years and never had a single problem.”
Mr Robert’s tenant says he understands why councils may need to check private landlords, but selective licensing is not the way forward.
He says: “I can see reasons why the council feel the need to look more closely at private landlords but slapping a tax on them all is not the way forward; the majority of landlords are honest and do their bit.
“There must be a better way to check on these landlords to make sure their houses are up to standard which will not amount to people’s rents going up.”
A spokesperson from Nottingham Council licensing support team replied to Mr Robert’s tenant saying internal inspections must take place at least once in the five-year period.
They wrote: “The inspection is just to check the property is free from hazards, and to check things like fire alarms and carbon monoxide alarms are well maintained and placed in suitable places etc.”
The licensing support team said ‘the notification of intended entry’ is stated under the Housing Act 2004.
Section 239 of the act states: “Before entering any premises in exercise of the power conferred by subsection (3), the authorised person or proper officer must have given at least 24 hours’ notice of his intention to do so—
(a) to the owner of the premises (if known), and
(b)to the occupier (if any).
Mr Roberts’ tenant says the council are forgetting that tenants have not signed up for the selective licensing scheme.
He told us: “I didn’t agree nor sign up for this. The council are forgetting there is a very important third party here, the tenant has a choice!”
Phil Turtle, the compliance director with Landlord Licensing & Defence, said councils have more powers than the police when it comes to inspections.
He said: “The Housing Act gives councils entry under Section 239 which gives them the ability to go in and inspect because of an official complaint to determine whether any function under Parts one to four of the Housing Act should be exercised.
“If the council think anything is wrong in the property or if anybody has complained, they can go in under Section 239 in 24 hours.”
Mr Turtle explains in the cases of an unlicensed property councils do not need to give 24-hour notice.
He adds: “If the council believe that there is an offence under Section 72 which is anything to do with HMO licensing or Section 95 (selective licensing) and they have reason to believe the property is unlicensed they don’t need to give notice they can just turn-up and demand entry.”
Mr Turtle added that if a landlord or a tenant obstructs this entry this will be classed as a level four fine costing up to £2,500 – and they can still enter the property!
He said: “If you refuse entry they simply go to the Justice of the Peace (Magistrate) and get a warrant and enter by force.”
In the case of a tenant having ‘quiet enjoyment’ of their home, Mr Turtle says that most tenants don’t realise is that quiet enjoyment is only entitled to ‘quiet enjoyment’ from the landlord.
He adds: “Many tenants do not want the council going to their property, it’s their home. However, quiet enjoyment is only entitled against the landlord, not the council.”
Mr Turtle says he’s heard many horror stories to do with licensing, particularly HMOs.
He said: “Many hearsay examples we heard is if the council believe it’s unlicensed, they will turn up at 5am to the property and do a drugs-style raid with six or seven officers and force their way in.
“They style it as a drugs raid as they want to count the number of people that are sleeping there. One council we heard about sends their officers dressed similar to police officers to do this.”
Many tenants do not want the council going inside their rented property as it’s their home.
However, councils have a legal right of entry and can enter the property sometimes without even giving notice.
It’s not only a nuisance for tenants but for landlords too.
Join us in our final series of selective licensing reports where we question how councils get to expand a selective licensing scheme and yet their own housing gets slammed by the Housing Ombudsman.
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Helen @ Like-Clockwork
9:59 AM, 14th September 2023, About 8 months ago
Interesting comment from Notts Council there:
"A spokesperson from Nottingham Council licensing support team replied to Mr Robert’s tenant saying internal inspections must take place at least once in the five-year period".
My clients have selective licences in place in Nottingham, Birmingham, Liverpool etc, and not one property has ever been the subject of an inspection by the council, or received an inspection request. Hmmm.
Mick Roberts
10:04 AM, 14th September 2023, About 8 months ago
Reply to the comment left by Helen @ Like-Clockwork at 14/09/2023 - 09:59
That's exactly it Helen. £ millions spent by tenants in rent increases for pay for Licensing and they have received nothing in return.
Mick Roberts
10:06 AM, 14th September 2023, About 8 months ago
This is my point
inspect because of an official complaint
There is and has been no official complaint. No suspicion of a defect, so let's have some clarity please. If the above 2 haven't happened and the tenant don't want them in, can the Council force entry?
I'm not a law man or regs man, but the above says to a common sense person that the Council CANNOT just go in as they choose.
Teessider
10:26 AM, 14th September 2023, About 8 months ago
My Gas Safe engineer checks that smoke alarms and CO alarms are working and in date. He certifies this on the CP12. I check them at the start of each tenancy.
My tenants have never complained that the property is not fit for habitation.
I would only allow access with the tenants’ consent or a warrant.
This all sounds like an abuse or power if there are no grounds to suspect the law has been broken. If the law has been broken, I’d expect a police office to attend and to be cautioned appropriately.
What is the NRLA doing to highlight this issue? Anything?
Beaver
10:34 AM, 14th September 2023, About 8 months ago
My gas safe engineer also checks smoke alarms and CO alarms working.
Interestingly I only very recently had an EICR done and was inevitably told to replace the consumer unit. The house has never done anyone any harm. The CU kept tripping out and I spent thousands fixing what the EICR inspector said I had to do.
But I just had an issue with the CU repeatedly tripping out. Another electrician went to inspect the property and said it was to do with a redundant circuit that he disconnected. That cost me just over £100 which I don't mind paying...basically he told me what the problem was and I paid to fix it.
So that leaves the question why didn't the very expensive EICR that I paid for identify the problem? I spent thousands fixing things that didn't need fixing as a consequence of the EICR.
Oh...by the way. My family has owned the property for approximately 5 decades and the redundant circuit never hurt anybody.
Teessider
10:47 AM, 14th September 2023, About 8 months ago
Reply to the comment left by Beaver at 14/09/2023 - 10:34
Why was the CU replaced? Many electricians condemn plastic CUs when they should not (they should either not be mentioned in the report or coded C3 - a possible exception would be if they were in the fire escape route). If the CU was diagnosed as the cause of the (tripping) fault then you were unlucky and the electrician was potentially incompetent/inexperienced.
However, regular tripping is a fault that should be dealt with. Redundant circuits are not ideal and should be isolated correctly or removed.
Mike D
10:53 AM, 14th September 2023, About 8 months ago
The Soviet Stasi is with us.
The do gooders causing more problems than they solve, while adding to the homeless crisis.
£10 an hour and a clipboard the new soviet state of bureaucracy wasting tax payers money
Mick Roberts
15:25 PM, 14th September 2023, About 8 months ago
Reply to the comment left by Mike D at 14/09/2023 - 10:53
Yes, that's what Licensing does. Creates problems where there wasn't any.
Finds a few bad houses. Many more good ones get worse.
Crouchender
16:44 PM, 14th September 2023, About 8 months ago
Surely the council need to apply for a legal warrant first on the grounds they have 'evidence' of wrong doing to enter the property to disturb the peace of the tenant.
I do not see the point of renewing a 5 year SL area as these are low risk properties with small families, couple or single. Hardly a bunch of students/ professionals that don't know each other like in high risk HMOs!
The RRB has a property portal proposed so again there should be no need for GOVE to approve/ allow renewal any SL schemes (unless he has no confidence in the portal)
Andrew Mcgaulley
17:34 PM, 14th September 2023, About 8 months ago
Reply to the comment left by Crouchender at 14/09/2023 - 16:44
He's giving the council the right to get more money for nothing, as lots of councils are or are on the verge of bankruptcy. Easy money that doesn't affect lots of people, unfortunately it's the tenants who end up paying the bill, in Nottingham it equates to £23 per week.