New Clause 36 - Suspected residential tenancy: entry without warrant

Renters (Reform) Bill – in a Public Bill Committee am 3:00 pm ar 28 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) A specially authorised officer of a local housing authority may enter premises in England at any reasonable time, if—

(a) the officer reasonably suspects that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 23), and

(b) the officer considers it necessary to inspect the premises for the purpose of investigating whether there has been, in relation to the premises—

(i) a breach of section 39(3),

(ii) an offence under subsection (1) of section 48,

(iii) an offence under subsection (2) of section 48 where the continuing conduct referred to in paragraph (b) of that subsection is a breach of section 39(3),

(iv) an offence under subsection (3) of section 48 where the different breach referred to in paragraph (b) of that subsection is a breach of section 39(3),

(v) an offence under subsection (4) of section 48 where the breach referred to in paragraph (b) of that subsection is a breach of section 39(3), or

(vi) an offence under section 1 of the Protection from Eviction Act 1977, and

(c) notice has been given in accordance with the requirements of subsection (2) to—

(i) an occupier of the premises, and

(ii) any person who has an estate or interest in the premises, other than a mortgagee not in possession and has supplied the local housing authority with an address for the purposes of this paragraph,

unless notice is not required as a result of subsection (3).

(2) The requirements referred to in subsection (1)(c) are that—

(a) the notice is in writing and is given by an officer of the local housing authority,

(b) the notice sets out why the entry is necessary and indicates the nature of the offences under section (

(c) there are at least 24 hours between the giving of the notice and the entry.

(3) A notice need not be given to a person who has waived the requirement to give notice.

(4) A specially authorised officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(5) A specially authorised officer entering premises under subsection (1) may take photographs or make recordings.

(6) A specially authorised officer must, if requested to do so, produce the officer’s special authorisation for inspection by a person to whom notice is required to be given under this section or anyone acting on behalf of such a person.

(7) For the purposes of this section an officer of a local housing authority is “specially authorised” where the officer’s authorisation by the local housing authority for the purposes of the power under subsection (1) (see section (

(a) states the particular purpose for which the officer is authorised to exercise the power, and

(b) is given by the local housing authority acting through—

(i) a deputy chief officer of the authority whose duties include duties relating to a purpose within subsection (1)(b), or

(ii) an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.”—(Jacob Young.)

This new clause confers a power on local housing authorities to enter (without force) premises that are reasonably suspected to be subject to a residential tenancy, in order to inspect the premises to investigate whether there has been certain kinds of unlawful conduct in relation to them.

Brought up, read the First and Second time, and added to the Bill.