Housing Act 1985

Enforcement E+W

410 Duty of local housing authority to enforce this Part. E+W

(1) The local housing authority shall carry this Part into execution.

(2) Sections 322 to 326 of the M1 Public Health Act 1936 (default powers of Secretary of State and related provisions) apply in relation to failure by a local housing authority to discharge their functions under this Part.

Marginal Citations

M1 1936 c. 49.

411 Powers of entry. E+W

(1) An authorised officer of a local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier and producing, if so required, some duly authenticated document showing his authority, enter premises for the purpose—

(a) of ascertaining whether there is, or has been, on or in connection with the premises, any contravention of the provisions of this Part or of any byelaw made under it;

(b) of ascertaining whether circumstances exist which would authorise or require the authority to take any action under this Part or any such byelaws;

(c) for the purpose of taking any action authorised or required by this Part or any such byelaws to be taken by the authority; or

(d) generally, for the purpose of the performance by the authority of their functions under this Part or any such byelaws.

(2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing that there is reasonable ground for entry into premises for any of the purposes mentioned in subsection (1) and—

(a) that admission to premises has been refused, or that refusal is apprehended,

(b) that the premises are unoccupied or the occupier is temporarily absent, or

(c) that the case is one of urgency or that an application for admission would defeat the object of the entry,

he may, by warrant under his hand, authorise the authority by any authorised officer to enter the premises, by force if need be.

(3) A warrant shall not be issued unless the justice is satisfied either—

(a) that notice of the intention to apply for a warrant has been given to the occupier, or

(b) that the premises are unoccupied, the occupier is temporarily absent, the case is one of urgency, or the giving of such notice would defeat the object of the entry.

(4) An authorised officer entering premises by virtue of this section, or of a warrant issued under this section, may take with him such other persons as may be necessary; and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(5) A warrant granted under this section continues in force until the purpose for which the entry is necessary has been satisfied.

412 Penalty for obstruction. E+W

(1) It is a summary offence for a person [F1 intentionally] to obstruct a person acting in the execution of this Part or of any byelaw or warrant made or issued under it.

(2) A person committing such an offence is liable on conviction to a fine not exceeding [F2 level 3] on the standard scale.

Textual Amendments

F1 Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 76(1)

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 76(2)

413 Restriction on right to prosecute. E+W

Proceedings in respect of an offence created by or under this Part shall not, without the written consent of the Attorney General, be taken by any person other than a party aggrieved or the local housing authority.