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No Access Procedure

Contents 

Introduction

Bassetlaw District Council (“the Council”) as a Social landlord is required to demonstrate compliance with mandatory and statutory safety obligations by conducting periodic safety inspections to ensure tenant safety. While most tenants will allow access for these inspections and associated works, landlords have steps they can take if access is denied.

The Regulator of Social Housing mandates compliance with statutory requirements such as Social Housing (Regulation) Act 2023, the Landlord and Tenant Act 1983, the Housing Health and Safety Rating System from the Housing Act 2004, and the Homes (Fitness for Human Habitation) Act 2018.

This procedure supports compliance with the Regulator of Social Housing Consumer Standards, including the Safety & Quality Standard and Tenancy Standard.

Purpose

The purpose of this procedure is to establish clear guidelines, supported by detailed procedures for gaining access to properties for safety and compliance work and associated inspections, ensuring the safety and wellbeing of tenants, and maintaining the integrity of housing structures.

Scope

This procedure applies to all social properties managed by the Council and covers all types of safety and compliance inspections, and associated works carried out by its Officers and representatives or contractors, including gas safety checks, electrical safety inspections, fire safety works, asbestos and condition surveys, occupation checks and other compliance-related activities including emergency maintenance and repairs.

Whilst compliance matters in 3.1 are likely to be the main reasons, other housing management-related inspections may also require access to be authorised through legal enforcement routes.

Legal Framework

Understanding the legal framework and tenant rights is crucial when gaining access to housing for safety checks. Landlords are legally required to ensure that their properties are safe for habitation; this includes regular safety and condition inspections and prompt resolution of identified issues.

The Council will ensure our actions are proportionate to balance the safety of our tenants with their right to privacy and the peaceful enjoyment of their home. We will make all reasonable enquiries to establish any extenuating circumstances or vulnerabilities.

Aside from emergency situations and in accordance with the tenancy agreement, the Council will always seek a warrant of entry to authorise a forced entry in instances where we are being prevented from carrying out our statutory responsibilities and where there is a statutory power to do so (e.g. for completion of Gas Safety inspections). In cases where there are no statutory powers to seek a warrant of entry, the Council will consider an application for an injunction to compel tenants to make appointments for access, to keep those appointments and otherwise engage with providing access as required.

In cases of immediate risk to life, health, or property (e.g. gas leaks, fire hazards), the Council reserves the right to gain entry without prior notice, in accordance with statutory powers and health and safety legislation.

Appropriate adherence considerations regarding the justification for access include the following:

  • Housing Act 1985
  • Protection from Eviction Act 1977 
  • Gas Safety (Installation and Use) Regulations 1998
  • Electricity at Work Regulations 1989
  • Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
  • Regulatory Reform (Fire Safety) Order 2005
  • Landlord and Tenant Act 1985
  • Defective Premises Act 1972
  • Environmental Protection Act 1990

Communications and Access Attempts 

The Council is committed to ensuring the safety and well-being of its tenants by conducting regular safety and compliance checks and condition inspections. This procedure outlines how the Council will proceed with gaining access to properties where required due to legal obligations, along with the roles and responsibilities of Officers, and the legal routes available for enforcement.

The Council will always attempt to contact the tenant(s) via their chosen communication method(s) to arrange a mutually convenient time for the work/inspection to be carried out, and while giving as much notice as possible. Non-emergency works will be conducted at a reasonable time to minimise disruption.

Following any initial, unsuccessful attempts to make contact, the Council will send an Appointment Letter to the tenant.

Where the tenant does not provide access to the property at the time of the appointment, the Council will issue a ‘No Access Letter’. The Letter explains the need for access and provides a window of 5 working days in which the tenant is required to contact the Council and arrange a suitable appointment.

Where the tenant does not respond, the Council will issue a ‘No Access Letter 2’; the Letter will again explain the need for access, and will contain details of another appointment. Should this appointment be unsuitable, the tenant can contact the Council to rearrange it.

Should the tenant not respond to the letters or provide the Council access to the property, an Officer will hand deliver a third letter which provides a final opportunity for the tenant to contact the Council within 5 working days to arrange a suitable appointment.

If concerns about the tenant(s)’ welfare arise due to a lack of contact at any point during this process, Officers will investigate to ensure their wellbeing.

Following at least 3 attempts to gain access and providing there are no extenuating circumstances, details of the issues will be shared with the Housing Management team so legal routes can be pursued, including obtaining court orders or injunctions as necessary.

Legal Enforcement

The type of legal enforcement used will be dictated by the purpose of the inspection. Authority will be granted via a legal court process in the following ways.

Gas

The Council is legally required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that any gas appliances, fittings and flues provided for tenants are safe and as such, we must have carried out an annual gas safety check within 12 months and annually thereafter.

If the tenant fails to provide access to the carry out the necessary checks, this is treated as statutory nuisance under the Environmental Protection Act 1990 which makes provision for us to apply to the Magistrates’ Court for a warrant to authorise forced entry to carry out the necessary safety check.

Any application to the courts must be demonstrably proportionate and evidence provided to prove the attempts made to gain access with the tenant.

Electric

Electrical Installation Condition Report (EICR), Fire Safety inspections and other compliance work should be carried out at least every 5 years.

Where a tenant fails to allow access to carry out a safety inspection, the Council can apply to the County Court for an injunction to require the tenant to provide access and carry out the inspection on the basis that the tenants are in breach of their tenancy agreement by not allowing access for the inspection.

The injunction application can contain a provision under Civil Procedure Rule 25.1(C)(ii) and (D) to allow access to the Council via a lock change if the tenant doesn’t allow access within 28 days of being served with the injunction.

Other Access Requirements

We will use injunctions using the terms of the tenancy agreement as well as considering serve of a Notice Seeking Possession with subsequent claim for a possession order.

These instances would follow the same route as outlined above for Electrical inspections – again, evidence of a breach of the terms of the Tenancy Agreement must be proven before the injunction would be granted.

Where appropriate and in compliance with all other statutory requirements, pre-action protocols and policy, a breach of the condition of the tenancy agreement for provision of access may justify service of a Notice of Seeking Possession (NSP). Where a NSP expires, the Council may seek a possession order for the property through the County Court. Where it is reasonable to do so, the Court may suspend a possession order on terms and the Council may consider inviting the Court to suspend any order for possession on terms that a tenant provide access. Likewise, where a tenant engages during the process of seeking possession the Council may otherwise ‘pause’ action through an adjournment generally or an adjournment on terms.

Recovery of Fees

All recovery of fees will comply with the Consumer Rights Act 2015 to ensure fairness and transparency. Tenants will be provided with clear information on charges and options for affordable repayment

In some circumstances, it may be appropriate to charge the tenant for the cost of the forced entry where access has been after reasonable notification. Where an application for an injunction is sought as a measure of last resort the Council would usually request an order from the Court that the tenant pay its legal costs in taking this action. This will also include the costs of trade staff’s time and any materials required to repair the damaged caused by forcing entry such as locks.

In cases where the tenant initially agrees to give access for the work but then refuses access at a later stage, the Council will also seek to recover any abortive costs e.g. bespoke materials and design costs.

Any additional costs charged to the tenant will be based on a national schedule of rates.

Where these charges cause financial pressure, affordable repayment agreements can be offered to the tenant.

Any unpaid fees and charges will be sought to be recovered via the Council’s standard debt recovery processes.

Special Circumstances

The Council will always take into account any special circumstances that tenants may have which may affect access to carry out any work. Where it is identified that the tenant has any physical or mental impairment, medical issues, disabilities and/or vulnerabilities that will prevent the work or inspection from going ahead, we will work with the tenant to try and find a mutually convenient solution to allow the work to be carried out with minimal disruption or where possible delay the work to a more convenient time.

The Council will assist the tenant where needed. The level of assistance will depend on whether the tenant has household and/or family members who could be reasonably expected to support and assist them. The Council will use its discretion to establish the level of assistance that will be provided in line with the circumstances of each case.

Data & Program Delivery

The Council will use tenant data (including vulnerability data) along with previous no access data to deliver programs of work.  Where appropriate we will endeavour to deliver MOT visits to tenants which will deliver all required compliance work in one visit.

The Council will ensure compliance with UK GDPR and Data Protection Act 2018 when processing tenant data, including vulnerability information. Data will only be used for lawful purposes, stored securely, and shared strictly on a need-to-know basis.

Performance Standards

The Council will report compliance performance to the Regulator of Social Housing annually and maintain internal audit trails to demonstrate adherence to statutory obligations.

Performance standards for compliance in social housing are designed to ensure that housing providers deliver high-quality, safe, and secure living environments for tenants.

These standards typically cover a range of criteria, including the maintenance of housing quality, adherence to health and safety regulations, and the provision of essential services. 

Compliance involves regular inspections, transparent reporting, and prompt resolution of any issues raised by tenants. By meeting these standards, social housing providers can ensure that their properties are well-managed, and that residents' needs are consistently met, fostering a sense of community and trust

The Council will report regularly and publish results in relation to compliance on:

  • Annual Landlord Gas Safety Record (LGSR)
  • Electrical Installation Condition Report (EICR) - every five years
  • Annual Smoke and Heat Detection Inspections/replacements
  • Number of Injunctions and court orders applied for and granted to gain entry to a property for safety and compliance works.

Additional Guidance

  • Electric Safety Roundtable (ESR): Code of Practice for the Management of Electrotechnical Care in Social Housing
  • Association of Safety compliance Professionals (ASCP) in Housing & Communities publication of
  • ‘Gaining Access for Safety Checks in Social Housing: The Legal Position on Guaranteed Access’
    Tenancy Agreement 

Version 1.0

Last Updated on Tuesday, April 28, 2026