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Question

Entry and Refusal (England) | Landlord Responsibility for Repairs and Maintenance (England)

notice to acquire access to do essential works from notice from council

12 Jan 2017 | 1 comment

What is the procedure when tenant refusing access in relation to where he council has made a hazard awareness notice, these works need carrying out and they are citing asthma as to why they wont give access.
Can a court order be sought to get his access? and is it a s8 notice?

Answer

1 Comment

  1. guildy

    Just one thing worth pointing out, there is no legal requirement under the Housing Act 2004 to carry out works under a Hazard Awareness Notice. You are right to do the works though because they could upgrade the notice in the future and it would also be notice of a defect for section 11 repairing obligations.

    That beings said, it does mean time isn’t as much of the essence.

    A section 8 could be used for breach of tenancy but that seeks possession as opposed to gaining access. The court could suspend possession and make it a condition that the tenant allows access I suppose.

    Enforcing entry by other court means would be very expensive though and probably easiest to serve section 21 2 months notice and get somebody better in the property.

    One thing you could try is asking the council to write to the tenant. There’s nothing to loose from your perspective because they’ve already inspected and served notice.

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