Guidance clarifies council powers to enter premises and seize documents

Councils can enter a landlord’s business premises under rules set out in the Renters’ Rights Act.

However, government guidance makes clear that the business premises power cannot be used to enter premises that are wholly or mainly used as a home.

In December last year, under the Renters’ Rights Act, councils were given powers to carry out inspections.

The government has now issued further guidance explaining how councils can use powers of entry, apply for warrants, and seize documents during investigations.

Councils must provide written evidence

The guidance says a rental sector business is defined in the Renters’ Rights Act, as a business connected with:

• letting residential accommodation in England
• creating licences to occupy such accommodation
• marketing such accommodation for a tenancy or licence to occupy
• managing such accommodation under a tenancy or licence to occupy

The investigatory powers guidance says councils may apply to a justice of the peace for a warrant to enter specified rental sector business premises where a non-routine inspection cannot be carried out with at least 24 hours’ notice.

The guidance says councils must provide written evidence on oath that one of the following applies:

• entry has been refused, or there are reasonable grounds to believe entry will be refused, and the occupier has been notified of the intention to apply for a warrant
• giving notice might result in evidence being hidden, removed, or tampered with
• no occupier is present, and waiting for an occupier to be present would defeat the purpose of entry

The guidance also says councils must provide evidence that they are acting in an official capacity, and that there are reasonable grounds to suspect the premises are being used for rental sector business and are not wholly or mainly residential accommodation.

Councils must also have reasonable grounds to expect relevant documents to be held on the premises which may be required to be produced or may be liable to seizure under the Renters’ Rights Act.

Officers must usually provide identification

Under the powers, councils can seize documents in electronic or written form.

The guidance explains that councils may require documents to help determine whether there has been compliance with rented accommodation legislation where there are reasonable grounds to suspect non-compliance.

Where a document is held electronically, the guidance says councils may require a copy in a format that can be easily taken away, such as a hard copy.

The guidance says that where officers enter business premises without a warrant, they must provide at least one person on the premises with evidence of their identity and authority, if anyone is present.

It also says that where it is not reasonably practicable to provide identification, information gathered during the inspection may still be used.

The guidance says: “When using either of the powers of entry into a business premises, you have the power to seize and detain documents if you have a reasonable suspicion that they may be required as evidence in proceedings for a breach or offence under the rented accommodation legislation.”

It adds: “If there are people on the premises, before you seize documents, you must show at least one person proof of your identity and authority. However, if it is not reasonably practicable to do so, you do not need to.”

Councils have more power than the police

Phil Turtle, compliance director at Landlord Licensing & defence, told Property118: “Councils can enter business premises which could be any agent and any landlord’s office to seize documents and computers.

“They will of course abuse these powers as they abuse all of the other powers they have because there is no accountability and no system of oversight.”

He added: “It is good to have a clarification that for those of us many landlords who run our small businesses from a home study they should not force their way in.

“However, they still have the ability to misrepresent the case to the Justice of the Peace to get their warrant, so frankly even we landlords who manage our small portfolio from home should not consider ourselves safe from the council with a locksmith or a battering ram entering our home offices to seize documents.

“It is a horrifying development giving powers to people who are mostly not fit to have them.”