I’m looking for views and information on ‘Forced Entry’ for carrying out LGSR’s.
I’ve been away from Gas Management in Social Housing for a short period and I’m led to believe that many Landlords are now adopting forced entry as part of their access process.
Can anyone share examples of this and confirm whether this is starting to be used and the implications involved.at #7266
I am aware of organisations within the Social Housing sector who have included the clause into the tenancy agreement regarding access and if access is denied then procedures for entry including force can start. This is after all other avenues have been explored and this really is the last resort. However, if I can refer you to the HSE Document IND285:
What action is required to gain access to property?
The contract you draw up with the tenant should allow you access for any maintenance or safety check work to be carried out.
You have to take ‘all reasonable steps’ to ensure this work is carried out, and this may involve giving written notice to a tenant requesting access, and explaining the reason. Keep a record of any action, in case a tenant refuses access and you have to demonstrate what steps have been taken. If a tenant continues to refuse access after repeated contacts, you may need to consider proper action through the courts under the terms of the tenants’ contract. However, do not use force to gain entry into the property.
The last sentence is very important. Any arrangements an organisation makes for entry does not included “Force”. However, it is all about gas safety but it would be up to a court to decide whether entry was taken in the tenants and gas safety best interests. I would also get legal advice before deciding on any changes to tenancy agreements which might include entry gained by force.at #7267
I’m led to believe that force entry is being used by other Housing Associations and I was hoping to understand who they are and discuss the process they use.
Regards, Trevor.at #7269
Good Morning Trevor. We can ask the question for you at our up and coming Technical Meetings if you are attending.
I understand there are several members who take a “different” approach to Access. I would rather not put their names on the forum without checking with them first but if you would like we can put you in touch if they are agreeable, which I’m sure they would be.
Best wishes and thank you for using the AGSM on-line forum.
If could be added into aces to property for overdues that would be great thanksat #7273
I’d be pleased if it could be raised at a technical meeting. I’m hoping to join you at the next Bristol event on 30/01/18 if it could be raised there.
In the mean time I’m happy if you could share my contact details with anyone using a different approach.
Kind regards, Trevor.at #7532at #7533at #7534
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