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Magistrates grant council legal powers to enter properties without Gas Safety Certificates (23 August 2017)

Date: 23/08/2017
Duncan Lewis, Housing Solicitors, Magistrates grant council legal powers to enter properties without Gas Safety Certificates

Barkingside Magistrates’ Court has given Havering Council in Essex legal powers to enter properties where the tenant has not produced a Gas Safety Certificate.

It is the first time the council has sought legal powers to enter properties without Gas Safety Certificates – Magistrates granted the warrants which allow Havering Council to force entry to the premises.

However, the council said that, on the day the warrants were to be served, four out of the five tenants arranged access so the gas safety checks could be carried out.

Forced entry took place on fifth property at 39 Halesworth Road in Harold Hill, so that a gas safety check could take place.

Deputy Leader of Havering Council and Cabinet Member for Housing, Councillor Damian White, said:

“The council conducts annual gas safety checks on all of its properties, with tenants required to allow access and leaseholders required to provide a current Gas Safety Certificate.

“These measures are to make sure the gas appliances are safe for the residents involved and their neighbours – and we are not prepared to compromise on this.

“For the first time, we have applied to the court for warrants of entry, as five tenants had repeatedly failed to allow us access – and we are pleased that Barkingside Magistrates granted those warrants.

“Having to apply for these warrants has meant extra expense for those tenants, as court costs will be added to their rent accounts.

“Where we forced entry, the cost of replacement locks will also be charged to the tenant, making it a very expensive day for them.

“It is far better if access is given when a gas safety check is due, to avoid such costs or forced entry in future.”


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