If we need to enter your council home

When we may need to access

We may need access to a tenant’s home for lots of reasons, including:

• to respond to an emergency or other health and safety risks
• to undertake our obligations regarding compliance, building or fire safety
• to inspect the condition of the property
• to carry out servicing or a repair
• to carry out a structural survey
• to investigate a possible breach of tenancy    

When access is required, we will make all reasonable attempts to contact the tenant first, including contacting their family and other people they know who may or may not live with them.

For leaseholders, we will also contact the tenant’s landlord in the event of the property being sub-let.

We will communicate in plain English with a simple, accessible and jargon-free style and ensure that translation and interpretation is provided where possible/when necessary.  

However, there may be urgent situations where we will be unable to let the tenant know in advance.   We will cooperate where access to a property may need to be arranged for or alongside other key agencies and partners, including where there is risk to life, and Safeguarding issues. We expect our tenants and leaseholders to cooperate in such cases.

Examples of such partnership work may include:

• Police
• London Fire Brigade
• NHS
• Social care
• Health and Safety Executive
• Building Control
• Environmental Health  

Tenant’s and leaseholders responsibilities 

Individual tenancy agreements and leases detail the tenant’s and leaseholders rights and responsibilities in relation to providing access to their home.  

Tenants and leaseholders must allow us, or our contractors into their home when we request it or, if they request a repair or inspection. Identification will always be shown when we or our representatives visit.

In line with the Tenancy Agreement, we will provide tenants with reasonable notice that we require access into their home. Normally, this will not be less than 24 hours’ written notice unless we need access in response to a request from the tenant in which case it may be less. In an emergency, we may not be able to give them notice.

For leaseholders, we are required to provide 48 hours written notice, except in an emergency. Tenants and leaseholders are asked to let us know how they prefer to be contacted and if they have any support or communication needs, so we can help and to let us know if someone else can provide access on their behalf.   

Action we will take against tenants when access is not allowed   

Most tenants and leaseholders allow access to their homes when required. If they do not allow us access, they may be in breach of their tenancy, and we may take legal action.  

If they refuse access after reasonable requests, we: 

• may ask the court for an injunction to allow us access into the property and the tenant to pay our legal fees.
• may serve a Notice of Seeking Possession letting you know of our intention to seek possession of your home.
• may obtain a warrant of entry from the Magistrates Court  

If a tenant continues to refuse reasonable access, we may apply to the court for possession of your home.  This action will only be taken as a last resort.  

We may take this decision if the tenant:   

• has not responded to our requests for access and contact requests, or
• does not allow us access after the Court has given us an injunction, or
• routinely fails to give us access
• does not allow us access to communal parts and or other areas that are not part of the residents home (e.g. riser cupboards, communal lofts) in our buildings
• does not allow us access to their garage or pram store where we have reasonable concerns such as but not limited to storage of dangerous or illegal substances    

Where we have reasons to believe that tenancy fraud such as sub-letting is taking  place and the tenant does not allow access, we will seek to pursue enforcement action.   In very serious cases where we have an injunction, and the tenant still does not allow access, we may issue committal proceedings which could lead to a fine or imprisonment.  

In line with the Tenancy Agreement, where a reasonable request for access has been made, and where access has been withheld or obstructed. Tenants must pay us the reasonable costs of gaining entry to a property including the reasonable costs of court proceedings if they are necessary.  

When we will enter a tenant’s home without their permission

We will only enter a tenant or leaseholder’s home or other property e.g. garages without their permission and without notice in exceptional circumstances as outlined in the tenancy agreement or lease, for example, where:   

• there is an emergency
• we have identified a serious health and safety risk to the occupants and others
• there is likely to be damage to the building if immediate action is not taken
• there is an immediate concern for the wellbeing of someone in the property

Examples of exceptional circumstances can include, but are not limited to: 

• a water leak and the tenant or leaseholder are not contactable and there is no one else who can allow us access
• an expired gas certificate and the tenant is not contactable and there is no one else who can allow us access.
• where the tenant has repeatedly failed to respond to attempts to contact them and there is a serious concern for their welfare  

In an emergency, for example a suspected gas leak or structural concerns, we will not enter.  We will immediately contact the relevant emergency services and utility company.  

If there is any possibility an occupant could be ill, a suspected threat to life, has died and or engaged in illegal activity, we will contact the police and ask them to enter the property with us.  We will only enter without the tenant’s permission as a last resort.

The decision must be authorised by an Assistant Director of Housing services or Head of Service. We will always leave the property secure with contact details to advise of any replacement keys or further information.  

If an emergency arises out-of-hours, the Out-of-Hours (OOH) Manager (e.g., for Repairs) will decide whether we should enter the property. Our OOH service is mainly a telephone response service. OOH employees on duty should only attend a property in exceptional circumstances, and never on their own.  

Please read the full access for emergencies, safety or welfare policy for more details.