Tenants will pay the price for council’s entry threats warns landlord

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Tenants will pay the price for council’s entry threats warns landlord

A landlord is warning that councils gaining more powers for implementing forced intended entry to a rented property will ultimately harm tenants.

While Nottingham City Council says it will not use forced entry, the Renters’ Rights Act will give council officers the power to carry out surprise inspections and enter private rented properties without a warrant in certain circumstances.

Mick Roberts, one of Nottingham’s largest landlords housing benefit tenants for the past 28 years, says that under selective licensing schemes, councils already have powers to inspect properties.

However, he has recently received a letter of intended entry for one of his rented homes.

The letter warns the council may issue an enforcement notice, along with a £350 charge, if they find any issues during the inspection.

Words and actions make it harder for tenants

Mr Roberts tells Property118: “An intended entry letter sounds scary, what are they going to do, kick the door down if the tenants don’t answer?

“I’m really worried for my tenants’ health, and they’ve committed no crime, yet the council intend to enter.

“The council claims they will charge me £350 when they find something wrong. If it’s something the tenants have done, what do the council think will happen to their cheap rent?

“Do the council have any idea how their words and actions are making it harder for tenants?”

He adds: “The council told me two years ago they were looking at changing the wording ‘Intended Entry’.

“Please do go in, find some things wrong, bill me, it gives me the perfect reason to accelerate my house-selling process.

“Then I don’t have to look after the tenants, and don’t have to do my best to reduce the price and don’t have to take longer to find them the perfect landlord to keep them safe.”

Mr Roberts continued: “The landlord has committed no crime. The tenant hasn’t. The house is safe as far as we’re aware. Yet the council don’t even discuss a suitable time with the landlord to arrange access for everyone?”

Selective licensing plays an important role in raising housing standards

A Nottingham City Council spokesperson told Property118 compliance inspections are an important part in helping to protect tenants.

The spokesperson said: “Selective licensing plays an important role in raising housing standards and ensuring residents have access to safe, well-managed homes.

“Compliance inspections are a normal and necessary part of this process and help maintain a consistent standard across the sector. They are designed to support landlords in meeting their legal responsibilities, many of whom already provide high-quality accommodation.

“Where issues are identified, the council will always take a proportionate approach, clearly outlining what needs to be addressed and allowing landlords the opportunity to put things right. Any charges only apply where landlords fail to meet legal requirements, in line with national policy.

“We do not comment on individual cases or unverified claims. Our focus remains on protecting tenants and creating a fair and consistent system for all responsible landlords.”

Councils gain more powers for entry

The issue of gaining entry will become widely used by councils under the Renters’ Rights Act, from 27 December.

That’s when councils will have the power to enter private rented properties without needing a warrant in certain circumstances.

Landlord law expert at Landlord Licensing & Defence, Phil Turtle, told Property118 the new power of entry is simply embodying what councils have been able to bend the law to achieve for years.

He explains: “A council can still inspect a property even if the tenant and landlord refuse to give permission. Councils have more power than the police to enter your home.

“Already, before the Renters’ Rights Act powers of entry: The Housing Act gives councils entry under Section 239 which gives them the ability to go in and inspect because of an official complaint to determine whether any function under parts one to four of the Housing Act should be exercised.

“If the council think anything is wrong in the property or if anybody has complained, they can go in under Section 239 in 24 hours.”

Mr Turtle added: “But when dealing with an unlicensed property, councils do not need to give 24-hour notice.

“If the council believe that there is an offence under Housing Act 2004 Section 72 which is anything to do with HMO licensing or Section 95 (selective licensing) and they have reason to believe the property is unlicensed, they don’t need to give notice they can just turn-up and demand entry.

“Often the council will do a dawn-style raid at five in the morning with eight or so officers dressed to look like police uniforms, and they’ll threaten their way in.”

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