From December, local councils will have the authority to enter private rental properties without a warrant under certain circumstances, as part of the Renters’ Rights Act. This will enable surprise inspections, with landlords given no prior notice of a visit. The government has now published official guidance detailing how councils can exercise their new investigatory powers, which will come into force on 27 December.
New Powers for Councils
The new powers allow council housing officers to enter properties under specific conditions. These include situations where a landlord has not properly registered their property on the landlord database, or where the council suspects there has been a breach of regulations. However, this power is only triggered if there is reasonable suspicion that a property is being rented unlawfully or is unregistered, and an inspection is necessary to confirm this.
It’s important to note that failing to register a property on the database doesn’t automatically trigger an inspection. Councils must have clear grounds to suspect that the property is being rented without meeting the necessary legal requirements before they can take action.
No Advance Notice Required
The guidance also specifies that council officers can enter a property without needing the landlord’s consent or a warrant, provided they can clearly explain the purpose of their entry. This includes taking photographs or making recordings during the inspection.
Landlords will not receive prior notice before an inspection, but they must be informed in writing after the visit has taken place. The council must provide written notice within a “reasonable period” explaining why the entry occurred, the date of the inspection, and the legal framework under which the visit was made.
Powers of Entry Explained
Council housing officers can enter a property without notice if they are authorised to do so for a specific purpose, such as investigating potential violations of housing laws. This could include breaches of the Housing Act or failures to comply with regulations regarding unlicensed properties. The council can carry out an inspection even if the tenant or landlord refuses to allow entry.
According to landlord law expert Phil Turtle, this new power simply formalises actions that councils have already been able to carry out under the Housing Act. Previously, councils could use Section 239 of the Housing Act to enter properties without notice if there had been an official complaint or if they suspected housing violations. However, the new powers expand this authority, allowing councils to inspect properties that are believed to be unlicensed, without prior notice.
Enforcement and Penalties
While the new powers are aimed at ensuring compliance with housing laws, the enforcement mechanism could result in significant consequences for landlords and tenants who obstruct council inspections. If a landlord or tenant refuses to grant access, they could face fines of up to £2,500. Additionally, councils can take legal action and apply for a warrant to forcibly enter the property.
Phil Turtle explains that councils have been known to conduct surprise inspections at all hours, even early in the morning, with officers dressed to resemble police officers. In some cases, they may even threaten to involve immigration authorities to pressure tenants into complying.
Concerns Over Abuse of Power
There are concerns that the new powers could lead to abuses of authority, particularly in cases involving foreign nationals or tenants who may feel intimidated by council officers. According to reports, councils have been known to pressure tenants to allow entry by claiming they could face deportation if they do not comply.
The new guidelines and powers give councils significant leverage in inspecting rental properties, even in situations where landlords or tenants do not consent. The potential for surprise inspections without notice, coupled with severe penalties for non-compliance, has sparked concerns over the balance of power between local authorities, landlords, and tenants.
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