Housing Act 1985

Supplementary provisions E+W

54 Powers of entry. E+W

(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 [F1 and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

Textual Amendments

F1 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 64

55 Penalty for obstruction. E+W

(1) It is a summary offence [F2 intentionally] 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 [F3 level 3] on the standard scale.

Textual Amendments

F2 Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 65(1)

F3 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 65(2)

56 Minor definitions. E+W

[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.]

Textual Amendments

F4 S. 56(1): s. 56 renumbered as s. 56(1) (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 16(a)

F5 Definition “introductory tenancy” in s. 56 inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(f)

F6 Definition “social housing” in s. 56(1) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 16(b)

F7 S. 56(2) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 16(c)

57 Index of defined expressions: Part II. E+W

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
[F9 introductory tenancy]	[F9 section 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
[F10 new towns residuary body	section 4(1)(g)]
owner	section 56
payee and payer (in relation to a service charge)	[F11 section 621A]
qualified accountant (for the purposes of section 48(3))	section 51
[F12 registered social landlord]	[F12 section 5(4) and (5).]
relevant costs (in relation to a service charge)	[F11 section 621A] (2), (3)
relevant disposal	section 38 (and see section 452(3))
secure tenancy	section 79
service charge	[F11 section 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)

Textual Amendments

F8 Entry in s. 57 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 9, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F9 Entry in s. 57 inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(g)

F10 Words in s. 57 substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 9 (with Sch. 2); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)

F11 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 25

F12 Entry in s. 57 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(5)