37 Powers of entry.E+W
(1)This section applies where it appears to the [F1Relevant Authority] that a registered social landlord may be failing to maintain or repair any premises in accordance with guidance issued under section 36.
(2)A person authorised by the [F1Relevant Authority] may at any reasonable time, on giving not less than 28 days’ notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.
(3)Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days’ notice of the proposed survey and examination.
A landlord who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)Proceedings for an offence under subsection (3) may be brought only by or with the consent of the [F1Relevant Authority] or the Director of Public Prosecutions.
(5)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
(6)The [F1Relevant Authority] shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.
(7)The [F1Relevant Authority] may require the landlord concerned to pay to it such amount as the [F1Relevant Authority] may determine towards the costs of carrying out any survey under this section.
Textual Amendments
F1Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
Modifications etc. (not altering text)
C1S. 37 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1