Legislation to Us to Gain Access to a Property

[Geoff]

Hi all,


I have a resident who is refusing entry into their flat to allow a repair that is needed to the fire detection/alarm system.  Basically the fault in the flat is preventing the rest of the system from working.

We intend to take out an injunction against the resident to gan access but are wondering what legislation to use to help us gain access.

From the FSO I thought to use clauses 13 (1) (a) in relation to equipment needed in a property and 17 (1) and !7 (2) in relation to maintenance and potentially 22 in relation to co-operation. 

My question really are those suitable to use and is there anything else that any of you might have used in relation to this sort of thing?

Just to clarify we are a Housing Association and this resident is in one of our rental properties.

Any advicce you can provide will be very, very appreciated.

Regards

Geoff

[nearlythere]

Hi all,


I have a resident who is refusing entry into their flat to allow a repair that is needed to the fire detection/alarm system.  Basically the fault in the flat is preventing the rest of the system from working.

We intend to take out an injunction against the resident to gan access but are wondering what legislation to use to help us gain access.

From the FSO I thought to use clauses 13 (1) (a) in relation to equipment needed in a property and 17 (1) and !7 (2) in relation to maintenance and potentially 22 in relation to co-operation. 

My question really are those suitable to use and is there anything else that any of you might have used in relation to this sort of thing?

Just to clarify we are a Housing Association and this resident is in one of our rental properties.

Any advicce you can provide will be very, very appreciated.

Regards

Geoff

This subject came up recently and I think the general consensus was that the FSO was too vague on this matter and the Housing Act was a better stick.

[Phoenix]

You, a housing authority, have no powers under the FSO so can only use that legislation as a means to persuade rather than as a means to force some action to be undertaken.  You could try to get your local fire authority involved, they have the required jurisdiction to get things done under the FSO.  I don't think that's the best way to go.

I think you should refer to the terms of your lease - hopefully you have something built in for such a situation (if not, learn for the future), or possibly talk to the enforcing authority under the Housing Act, the Local Authority Environmental Health dept. or whatever they call themselves now.

Stu

[AnthonyB]

EHO & Housing Act is your first port of call rather than going through the long expensive civil process (what if you had a block of 50 flats and all were non cooperative).

Failing that you have the lease.

FRS not always helpful as don't want to get involved, one notable example was the I/O who would prosecute the landlord even if it was a tenant stopping them getting in to maintain, most they would offer to do was send a community safety team down to negotiate if the tenant failed to respond to requests for access.

[colin todd]

Geoffrey, This is now a well known chestnut with which we have been involved many times in association with solicitors.  If you give me a ring, I will try to advise--its too long a story to write out here as it took nearly 25 minutes to explain it all to a solicitor only this afternoon.

[Geoff]

Gentlefolks all,

Apologies for not replying to this earlier, it seems that both of my computers have taken a dislike to all of the sites I have links to.

Many thanks for all your advice it looks like it will be very useful and has given me much food for thought.

Colin many thanks for the offer to talk about the iissue, if it is still open after all this time I would be delighted to take you up on it?!

Geeoff