A common scenario for HMO landlords starts with a letter you probably weren’t expecting or wanting.

A tenant in one of your properties is less happy than you thought and, rather than raising the problem with you directly, has complained to the Local Housing Authority. The LHA then writes to tell you that a Housing Officer intends to visit the property on a specified date and time to carry out an inspection.

Your first reaction may be a mixture of annoyance and panic. Why didn’t the tenant simply tell you about the problem so you could put it right? And once the Housing Officers are inside the property, what else might they find?

Naturally, Housing Officers are among your very favourite people, and there are few things you look forward to more than one of them turning up at your property clip board in hand. Even so, you might reasonably wish you had a little more time to prepare for their arrival, ifonly to straighten the cushions.

Unfortunately, the letter says they intend to visit in two days, so time is in short supply. So, what to do? Do you have to let them in and what happens if you don’t?

What does the Housing Act 2004 say?

The main provisions governing these inspections are contained in s239 of the Housing Act

2004. In particular:

• Section 239(3) – the individual housing officer (or officers) carrying out the inspection must be authorised by the Local Housing Authority.
• Section 239(9) – the authorisation must be in writing and must specify the particular purpose or purposes for which entry is authorised.
• Section 243 – the authorisation must be granted by someone of at least Deputy Chief Officer level.
• Section 239(5) – they must give you at least 24 hours’ notice.
• Section 240 – if you refuse to allow them in then they must apply tot he magistrates court for a warrant. This will only be given by the magistrates if the Housing Officers establish the need for an inspection. They cannot get a costs order against you- it is an ex parte application.

What should happen in practice?

Suppose a tenant complains to the council that there is a problem at the property. The net effect of the above legislation is that a Housing Officer should approach a senior officer and get written authorisation for an inspection stating the purpose or purposes of the entry. They should write to you giving you at least 24 hours notice. When they turn up at your propert yyou are within your rights to ask to see the written authorisation. Whatever the authorisation says or does not say you are also within your rights to refuse entry and if you do refuse entry then all the officer can do is to go away and make an application to the magistrates for a warrant. The magistrates will not give a warrant unless satisfied of the need for an inspection and they will not make a costs order against you.

What often in fact happens is that the officers do not request written authorisation – because they already have a blanket printed authorisation (often printed on their name badge)

authorising them in advance to carry out any inspection for any purpose. They simply check their diaries, and write to you with the date of the inspection. I personally do not think that this is adequate. It seems to me that what the Act is requiring is specific written authorisation for the specific inspection they are proposing. You can in any event still tell them that you refuse to allow the entry to your property. If you do tell them that you refuse to let them in, Many officers are under the impression that they can then call the police and demand entry. This is incorrect – and obviously incorrect because even if a police officer were to attend they themselves could not force an entry without a warrant.

What should you do then if you receive a ‘s239’ letter?

Ask to see the officer’s authority

When the Housing Officer arrives, you should certainly ask to see the written authority under which they say they are exercising their powers. It’s always possible that they have forgotten to bring it ( or even don’t have it) in which case you can perfectly legitimately send them on their way. As stated however, very often the authorisation will be a pre-printed blanket authorisation, often printed on their identity badge. It will have no reference to this particular inspection, but the Housing Officer will no doubt assert that it satisfies the legislation. Your choice then is whether or not to let them in.

What happens if entry is refused?

Even if the officer has complied with all necessary steps, you are still within your rights to refuse entry, and if you do then the officer will certainly be put to a lot of extra trouble and delay. He will have to return to the office and prepare an application to the magistrates for a warrant. He will then have to actually get in front of the magistrates and obtain the warrant. In order to get this he will have to explain to the magistrates the need for the inspection. If your objective is to make things as awkward as possible for the LHA then this will achieve that aim. But is it a good idea? It will buy you time which may be very helpful, but at the cost of antagonising the housing officers, and by extension the local housing standards department among whom you number many of your closest friends. It’s a dilemma- My own view is that you should examine the written authorisation carefully. If you are not entirely happy with it, and if more time would be useful to you to get work done on the property then you should refuse to let them in. But use the time wisely – carry out any work you think would be helpful and get legal advice. Also, straighten the cushions.