Housing Act 2004

Housing Act 2004

2004 CHAPTER 34

Commentary on Sections

Part 7

Section 239: Powers of entry

560. Section 239 gives an LHA powers of access to properties in pursuance of its duties under Parts 1 to 4 and Part 7 of the Act. The power of entry is exercisable where an inspection is to take place under section 4, the premises to be inspected are the subject of an improvement notice or prohibition order or a management order under Part 4 of the Act is in force. The person exercising the power of entry must be authorised in writing and this authorisation should set out the purpose for which the entry is authorised. Before exercising the power of entry the person authorised to enter must give at least 24 hours notice to the owner or occupier of the premises that they intend to enter, however the power of entry may be exercised at any reasonable time, without giving prior notice if entry is required to ascertain whether an offence has been committed under sections 72, 95 or 233(3) of the Act. Permission under this section does not include a power to use force to obtain entry. This power of entry includes entry for the purpose of taking samples.

561. Examples of when this power could be used are: to gain access to a property to ensure that a house in multiple occupation (HMO) is suitable for multiple occupation and reaches the prescribed standards set out in Part 2 of the Act; or when the LHA wished to establish whether the provisions of an improvement notice or prohibition order have been properly complied with.

562. See section 243 for provisions as to which officers within a LHA are empowered to give authorisations under this section.