Housing organisations back access powers amendment in Social Housing Bill

The CIH said the amendment – tabled by Lord Best – would provide “social landlords with a clear and proportionate legal mechanism” to gain access to tenants’ homes for essential safety inspections and works when tenants repeatedly refuse entry.

The proposed amendment comes amid concerns that persistent "no access" cases leave residents at risk and place landlords in breach of their legal obligations.

It also has the backing of the Association of Safety and Compliance Professionals (ASCP).

The CIH said: “In the years since the Grenfell Tower tragedy, the legal requirements of social landlords have been enhanced to ensure the safety of residents and their homes. While these duties are widely supported, housing providers report that gaining access to some properties to carry out mandatory inspections has become increasingly challenging.

“Repeated failures to gain access can leave tenants and neighbouring residents exposed to serious health and safety risks, while also placing landlords at risk of regulatory non-compliance and, in some circumstances, criminal liability.”

The CIH said that despite extensive efforts to resolve issues collaboratively, a small number of cases still require legal intervention to ensure critical safety checks can be completed.

“When landlords have exhausted all reasonable attempts to gain access, they currently rely on tenancy provisions and can seek access injunctions through the county courts. However, recent county court decisions have created significant uncertainty about whether courts can authorise forced access where tenants fail to comply with access orders,” it explained.

The CIH said the amendment seeks to strike a balance between tenant rights and ensuring landlords can address serious safety risks.

“It would establish a statutory route for access only where prescribed safety checks or works are required and where landlords can demonstrate that reasonable engagement and notice requirements have been met. The proposal also includes safeguards to ensure that any powers are exercised proportionately and solely for clearly defined safety purposes.”