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s239 Warrant for Entry

Submitted by RLawlor on 23 October, 2010 - 08:53

 I've served a s239 and a s54 (yes both - long complicated story) for entry to an empty property on Monday. The owner has stated in several emails since serving the notices (early this week) that she will refuse entry to the property on Monday. Which will mean applying for a warrant. I've drafted my statement and have the file ready to go etc. but the applicant is asking to be informed when I apply for the warrant as she would like to go and appeal to the Magistrate to refuse the warrant. My questions are:-

  • Does she have the right to attend the Magistrates Court when I apply for the warrant?
  • Do I have to tell? If we intend to prosecute for failing to allow access?
  • If she can attend, what human right arguments should I put together to to counteract her statements that I / the Council are persecuting and victimising her because of a whole host of reasons.

Amy comments would be appreciated.

Thanks

Rebecca

Rossendale Borough Council

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Warrant to Enter

Submitted by RLong on 25 October, 2010 - 08:41.

Rebecca

My view is that you attend as per your s239 Notice (with another officer by the sound of it).

Make notes of what happens on the day (non- attendenance refusal etc) and this becomes part of your legal pack to apply for the Warrant. 

Following the above you need to be working with your legal team to apply for the Warrant who will advise what the District Judge (DJ) needs to be convinced of. 

To answer your specific questions -

The owner does not have the right to attend the court unless the DJ decides this is neccesary. In which case he will suspend the issue of the warrant and you will have to take direction from the DJ (he may set a date for a hearing and direct you to send copies of your evidence to the owner)

The penalty for refusing access should have been in the notes on your s239 Notice to enter (again your Legal Team will have to take a view on the wisdom of this, but this will be after the Warrant outcome.

Your legal team will make the argument that the human rights of the owner are diminished by non-occupation and that the Housing Act 2004 gives you the right to inspect to assess the property for an EDMO.

The DJ may not have issued a Warrant for this purpose before so make your case as thorough as possible including all the relevant points of law set out in the Act.

I can send you an example of a Warrant Wolverhampton succesfully presented if that would help.

richard.long@wolverhampton.gov.uk

Kind regards

Richard Long - Wolverhampton City Council