This power enables local housing authorities to enter business premises of landlords at any reasonable time without a warrant. This will help with gathering evidence of suspected non-compliance, such as tenancy agreements, bank statements or letters, which are often held on a landlord’s business premises. This is a similar power to that provided in paragraph 23 (power to enter premises without warrant) of Schedule 5 (Investigatory Powers) to the Consumer Rights Act 2015, which is available for estate and letting agent legislation and other consumer protection legislation.
Example: Overcrowding in unlicensed HMO
A local authority receives a report of overcrowding by a neighbour of a property. The local authority checks its HMO database and finds that there is no licence for the property. The local authority reasonably suspects the property is being illegally let as an HMO.
The local authority tries to build a case with a view of prosecuting the landlord if they find their initial suspicion was correct. The local authority attempts to get information from the tenants demonstrating the property is being let as an HMO. However, the tenants do not cooperate through fear of retaliation from the landlord.
The local authority therefore considers it appropriate to use its new power to enter landlord’s business premises without a warrant to require production of or to seize relevant documents. An officer of the local authority enters after giving appropriate notice of the entry to the landlord and finds copies of tenancy agreements demonstrating that the property is being let as an HMO.
The local authority uses this evidence as part of its case to prosecute the landlord for the offence of letting an HMO without a licence.
Part 4: Enforcement Chapter 3 – Investigatory Powers Section 118: Business premises: entry without warrant Background