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PART XIN.I.MISCELLANEOUS AND GENERAL

Inspection and entry of certain premisesN.I.

63.—(1) A district council may, if an application in that behalf is made to it by the landlord or tenant of a dwelling-house let on a regulated tenancy, cause the dwelling-house to be inspected with a view to ascertaining whether it meets the regulated tenancy standard.

(2) The tenant under a protected or statutory tenancy shall permit the landlord, and persons authorised by him for the purpose, to enter the premises comprised in the tenancy at reasonable times and upon reasonable notice—

(a)in order to inspect them and carry out any works which, by virtue of this Order, the landlord is under a duty to execute;

(b)in order to inspect the state of repair of the premises.

[F1(2A) Subject to paragraphs (2B) and (2C), where—

(a)the landlord under a restricted tenancy wishes to carry out such works as are specified in a statement issued by a district council under paragraph (2) of Article 9 (works necessary to enable dwelling-house to meet the regulated tenancy standards); and

(b)the works cannot be carried out without the consent of the tenant, but the tenant is unwilling to give his consent;

the landlord may apply to the county court for an order empowering him, or a person authorised by him, to enter the dwelling-house and carry out the works.

(2B) An order under paragraph (2A) may be made subject to such conditions as to—

(a)the time at which the works are to be carried out; and

(b)any provision to be made for the accommodation of the tenant and his household,

as the court may think fit.

(2C) In determining whether to make such an order and, if it is made, what (if any) conditions it should be subject to, the court shall have regard to all the circumstances and in particular to—

(a)any disadvantage to the tenant that might expected to result from the works;

(b)the accommodation that might be available for him whilst the works are carried out; and

(c)the age and health of the tenant;

but the court shall not take into account the means and resources of the tenant.]

(3) Where, in the exercise of powers conferred by paragraph (2), any damage is caused to the premises or any property in or on the premises, by the landlord or any person authorised by him, the landlord shall make that damage good.