Any housing lawyers about?

[Dilemma999]

I would welcome some advice. I am in a position at work (public sector) where I’m being asked to enter tenants property without their explicit consent (to do with a pest control issue). The tenants have been given written notice through doors that the team are coming. However some are away for various reasons so won’t have received this. I don’t feel comfortable going in but am being told by a line manager that I have to. Occasionally we do have to enter flats if we are concerned for people’s safety and haven’t seen them (mental health setting). I am concerned that if something goes missing I’ll get the blame even if entering with another person and also that it is illegal. Manager said it’s not as it’s a health concern. I don’t think that’s a strong enough reason to go in but it might be?

It’s part of their tenancy, to allow access with reasonable notice. The landlord is legally allowed to enter the property, if the tenants don’t comply. Just go in pairs. Pretty standard practice at my LA

Its not that they’re not complying though, they’re not aware of it and haven’t given consent.

Rodent damage can be substantial, as long as the correct notice has been given, landlords can go in. I don’t understand why you’re not taking your managers lead? They will know the legality and details of the tenancies

She won’t, believe me. She does not have any legal knowledge hence my hesitancy. It’s not rodents. The Housing Act states there must be explicit consent to enter a tenants property unless it’s an emergency. She’s not aware of this.

Tenancy info should have not numbers etc to try as well. If that's been exhausted, it's been more than a couple of days you've been trying to get them and there is active damage being done by rodents, birds etc then it is an emergency issue that justifies enforcing access.

How long between lettering them and going in is there? Do you think they don’t actually live there and is a dead letter address?

I would just follow your manager

You aren't personally responsible

But as far as I can see - I'm not a lawyer - they serve one notice, if they don't hear back then they can serve a notice of escalation and then if they don't hear back from that, they are able to enter the property if it's causing a health hazard.

If it's flat rather than a house and there's pest in there then it will be a health hazard for the surrounding flats

I really hope this isn't another example of really badly drafted legislation. But from what I can gather you, you can legitimately enter after doing these things, which could be done in ...I don't know ...72 hours?

I can see it doesn't constitute emergency as in "about to burn down" but if it's a health hazard, then it's a big problem which seems to be covered.

There’s no active damage (it’s cockroach treatment and monitoring ). Letters sent last week and follow up letters earlier this week. The law states there are very specific examples whereby you can enter. I don’t think this would be considered one of them but I’m not sure hence asking if anyone knows the law. The penalties are severe if challenged and I don’t want to be scapegoated as I know this manager will not back me.

You'd be better off having a chat about this with your union rep who'll be more familiar with the situation than MNers are.

I knew you were gonna say cockroaches

Is it houses or flat? It really cannot be left if it's affecting other people.

Keep all the evidence that you're being told to do this, to cover your back. It's for the benefit of the tenant so I wouldn't feel too bad about it.

I’m a former housing manager, not a lawyer.

its pretty easy for you to cover your back; simple email to manager ‘…as discussed, I’m writing to confirm I’ll be attending x properties on the x of June and forcing entry where necessary to gain access….’.

Legally your kosher as well.