PART II PROVISION OF HOUSING ACCOMMODATION

Supplementary provisions

54 Powers of entry.

(1)

A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

(a)

where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or

(b)

in the case of premises which the authority are authorised by this Part to purchase compulsorily.

(2)

An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised F1and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

55 Penalty for obstruction.

(1)

It is a summary offence F2intentionally to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2)

A person who commits such an offence is liable on conviction to a fine not exceeding F3level 3 on the standard scale.

56 Minor definitions.

F4(1)

In this Part—

“house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

“housing accommodation” includes flats, lodging-houses and hostels, and “house” shall be similarly construed;

F5“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;

“lodging-houses” means houses not occupied as separate dwellings;

“member of family” in relation to a person, has the same meaning as in Part V (the right to buy);

“owner”, in relation to premises—

(a)

means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

(b)

includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

F6“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

F7(2)

For the purposes of this Part, something is within the remit of the Regulator of Social Housing if it is related to or affects the provision of social housing by a local housing authority, or county council, in England.

57 Index of defined expressions: Part II.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

bank

section 622

building society

section 622

compulsory disposal

section 40

F8. . .

F8. . .

development corporation

section 4(c)

district (of a local housing authority)

section 2(1)

exempted disposal

section 39

family (member of)

sections 56 and 186

friendly society

section 622

hostel

section 622

house

section 56

housing accommodation

section 56

housing association

section 5(1)

Housing Revenue Account

section 417

insurance company

section 622

F9introductory tenancy

F9section 56

lease

section 621

local authority

section 4(e)

local housing authority

sections 1, 2(2)

local housing authority’s houses

section 20

lodging-houses

section 56

F10new towns residuary body

section 4(1)(g)

owner

section 56

payee and payer (in relation to a service charge)

F11section 621A

qualified accountant (for the purposes of section 48(3))

section 51

F12registered social landlord

F12section 5(4) and (5).

relevant costs (in relation to a service charge)

F11section 621A (2), (3)

relevant disposal

section 38 (and see section 452(3))

secure tenancy

section 79

service charge

F11section 621A (1)

shared ownership lease

section 622

standard scale (in reference to the maximum fine on summary conviction)

section 622

street

section 622

tenancy and tenant

section 621

trustee savings bank

section 622

urban development corporation

section 4(d)