Access to your home (section 10)

10.1.  You must give us, including contractors or operatives acting on our behalf, access to your home to carry out any repairs, servicing, meter readings, inspections or other works where we consider it necessary upon being given reasonable notice. Reasonable notice is normally no less than 5 days except in situations that the Council consider to be urgent and/or an emergency situation.

10.2.  When access to your property is required, we will usually give you written notice except in the case of an urgent or emergency situation as defined below.

10.3.  In the event that we need access to your property to deal with an urgent or emergency situation and access is not provided, you agree that we may make forcible entry. In these circumstances the Council reserve the right to charge you for all associated costs incurred in gaining entry and carrying out works.

10.4.  The following circumstances are what the Council consider to be urgent and/or an emergency situation which will necessitate a forcible entry:

a)       Fire or flood, and/or

b)       Gas or water leak, and/or

c)       If we think that the gas and/or electricity installation in your property is in a dangerous condition and may pose a health and safety risk to yourself or others, and/or

d)       If we have a serious welfare or safeguarding concern about a person at the property and/or if we think someone may be injured, and/or

e)       If we think the structure of your home or adjoining property is dangerous and may pose a health and safety risk to yourself or others, and/or

f)       If we think there is an infestation in the property, and/or

g)       If we think that there is an animal(s) in the property that is suffering and the RSPCA are unable to force entry, and/or

h)       If we need to carry out an annual gas safety inspection.

10.5.  You must allow us access to carry out an Electrical Installation Condition Report (EICR). This is a health and safety requirement. You will receive reminders from us to book your electric check. Upon receipt of these you must book it. If you fail to book the check and/or allow us access to carry out this check, you agree that we may make forcible entry, providing we have given you reasonable opportunity to let us in voluntarily. If we gain entry by force, you are liable for any costs the Council might incur and these will be recovered from you by way of a recharge. You will also be responsible for paying a reasonable charge for officer time in relation to this forced entry appointment even if you are there when we attend. We may also apply to evict you for repeatedly failing to allow us access to your home.

10.6.  If you live in Sheltered accommodation or Extra Care Housing, the following circumstances are what the Council also consider to be urgent and/or an emergency situation which will necessitate a forcible entry:

a)       If there is a fault with the emergency monitoring equipment within your property which is affecting the system operation in other properties and/or wider sites; and/or

b)       If you are away from your property for more than 7 days and have failed to arrange and notify us of arrangements for flushing of your water supply within your property which assists to counteract the risk of legionella and/or

c)       If you have failed to allow access for monthly water temperature checks in the property which assists to counteract the risk of legionella.

10.7.  You must allow our employees including contractors or operatives acting on our behalf into your property if we need to carry out work to an adjoining property, and where there is no other reasonable means of access.

10.8.  If you live in a flat or maisonette, we may need access to your property in order to carry out work that is required for the block or another property in the block. You must provide access. You will be given reasonable notice save in the event of an emergency and/or urgent situation.

10.9.  In the event that you fail and/or refuse to provide access when requested we can take legal action against you which could include an Injunction Order compelling you to provide access and/or possession proceedings to recover possession of the property. If we take legal action against you we will seek payment of the Council’s legal costs from you.

10.10. You may also have to pay to us the cost of any visits by contractors where you fail to keep an appointment that has been made.

10.11. If you repeatedly refuse us entry to carry out necessary works, you agree that we may make forcible entry, providing we have given you reasonable opportunity to let us in voluntarily. If we gain entry by force, you are liable for any costs the Council might incur and these will be recovered from you by way of a recharge. We may apply to evict you for repeatedly failing to allow us access to your home.