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Private Sector Housing Enforcement Policy 2024

15.0 Exercise of power of entry

15.1 Authorised officers have the power to enter properties at any reasonable time to carry out its duties under section 239 of the Housing Act 2004 where at least 24 hours' notice of their intention to do so to the owner of the premises (if known) and to the occupier (if any) has been given.

15.2 No notice of an inspection is required where the inspection does not fall within the exemptions specified in section 239(6) & (7). These exemptions are to ascertain whether an offence has been committed under section 72 (offences in relation to licensing of HMOs), Section 95 (offences in relation to licensing houses) or section 234(3) (offences in relation to the HMO Management Regulations).

15.4 Where entry is consistently refused application will be made to the magistrates court for a warrant to enter premises.

15.5 An application to the magistrates court for a warrant of entry may also be made where the premises are unoccupied or where prior warning of entry is likely to defeat the purpose of the entry. A warrant under this section includes power to enter by force, where necessary.

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