Enty for works in default

I'm at the stage of arranging works in default on an empty property after non-compliance of an improvement notice under the Housing Act. The Housing Act 2004 does not appear to provide the facility of obtaining a warrant for such a purpose.

Has anyone carried out works in default on an empty property, and if so what were the circumstances and how was access gained?

Kind Regards

Javid

Salford City Council

Forums: 
Housing Improvement Notices

Hi
It may depend upon the type work  that needs to be carried out as some more drastic works in default give the council the ability to apply for a warrant ie dagerous and dilapidated buildings. 
Regards 
Sarah May
Braintree DC

Hi,
Just wondering... did you obtain a warrant to carry out the inspection of the empty property? Also did you give the owner 24 hours notice of the inspection?
A colleague of mine has previously obtained a warrant under the Housing Act 2004 to carry out an inspection of disrepair in an owner-occupied property where we had received complaints from neighbours about the property condition but could not get the owner to allow us access, but we did not carry out works in default in this case.
Alison
 
 
 

I think the relevant Section is Housing Act 2004
35 Power of court to order occupier or owner to allow action to be taken on premises
(3) If a relevant person--
(a) has received reasonable notice of any intended action in relation to any specified premises, but
(b) is preventing a representative of the local housing authority from taking that action in relation to the premises,
a magistrates' court may order the relevant person to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.
(7) In this section "intended action", in relation to any specified premises, means--
(a) where an improvement notice has become operative, any action which the person on whom that notice has been served is required by the notice to take in relation to the premises and which--
(a) (in the context of subsection (2)) is proposed to be taken by or on behalf of that person or on behalf of the local housing authority in pursuance of Schedule 3, or
(b) (in the context of subsection (3)) is proposed to be taken on behalf of the local housing authority in pursuance of Schedule 3;
(8) In this section--
"relevant person", in relation to any premises, means a person who is an owner of the premises, a person having control of or managing the premises, or the holder of any licence under Part 2 or 3 in
respect of the premises;
"representative" in relation to a relevant person or a local housing authority, means any officer, employee, agent or contractor of that person or authority.
Don't forget the Schedule 3 requirement to Serve a Notice of Intended Action etc.
 
Section 239 allows entry (and hence warranted entry) to decide if the Council need to take action under Parts 1-4 (Housing Standards, Mandatory Licensing, Selective Licensing, Management Orders) of the Act.  
Of course, this would also have been the logical place to put in Section 32 so all Powers of Entry etc were in the same place.
As always, I am happy to be corrected.
 
alan

Hi Alison,
i did not obtain a warrant when conducting the inspection or checking compliance of the notice.  In both cases i did provide 24 hour notice. 
I have other cases where i have obtained warrants to enter empty dewllings under s.240 of the Housing Act 2004. 
 
Javid