Having a debate with colleagues about a slightly different topic to my normal empty homes one.
What is the best procedure to facilitate carrying out work in default to an owner-occupied property where they owner will in all likelihood prevent access?
This is the first time my colleague will have carried out such work and I have my thoughts about what is needed but they differ from those of others. My concern that that s35 appears to enable the court to order the owner to permit access and the owner can be fined for then denying access. It does not seem to indicate the court may also then authorise a warrant to carry out the work. I can only see warrant provision for entry to survey the property. Am I mistaken in thinking a court order and a warrant are two separate things?
If a court order is not also a warrant how then does the LA carry out work if an owner denies access? Is the notice provision contained in Schedule 3 what should be used - without the need for a warrant? Do we just keep fining this lady until she relents and permits access?
I have used the Schedule 3 notice for empty properties on the basis that the owner had not been in contact to deny access.
Is our current legal advice correct that we cannot enter a property without a warrant or is this an assumption that has been made? Our previous legal officer advised that entry for WID is by the notice per Schedule 3.
Any thoughts please.