57Entry to residential units for purpose of repairs(1)

This section applies where—

(a)

by virtue of section 56, a person (“P”) is under a duty to ensure that damage to a part of a residential unit is repaired,

(b)

P makes a request to a relevant person for entry to the unit or part of the unit, by P or persons authorised by P, for the purpose of carrying out the repairs,

(c)

the request complies with subsection (2), and

(d)

entry to the unit or the part of the unit is not given.

(2)

A request complies with this subsection if it—

(a)

is in writing,

(b)

explains that, by virtue of section 56, P is under a duty to ensure that damage to a part of the unit is repaired,

(c)

sets out the repairs to be carried out,

(d)

requests entry on a date or dates, and at times, that are reasonable, and

(e)

is given to the relevant person—

(i)

at least 48 hours before the time at which entry is requested, or

(ii)

if entry on more than one date is requested, at least 48 hours before the earliest time at which entry is requested.

(3)

P may apply to a residential property tribunal for a repairs access order.

(4)

But P may not apply for a repairs access order unless P has given to the building safety authority and the fire safety authority for the building a notice setting out the intention to apply for a repairs access order in respect of the relevant person and the residential unit (both of which must be specified in the notice).

(5)

A repairs access order is an order that requires the relevant person to allow P or persons authorised by P to—

(a)

enter the residential unit or part of the residential unit, and

(b)

carry out the repairs set out in the request under subsection (2)(c).

(6)

A residential property tribunal may make a repairs access order if satisfied that—

(a)

it is necessary for the repairs set out in the request under subsection (2)(c) to be carried out, and

(b)

it is necessary to enter the unit or part of the unit to carry out the repairs.

(7)

The repairs access order must specify a date on which, or a period within which, entry to the unit or part of the unit may be made.

(8)

In this section “relevant person” means—

(a)

in relation to a residential unit—

(i)

an adult resident of the unit, or

(ii)

if there is no such resident, any person who has control over entry to the unit;

(b)

in relation to a part of a residential unit—

(i)

an adult resident of the unit who has control over entry to the part, or

(ii)

if there is no such resident, any person who has control over entry to the part.