The policy explains out approach to obtaining access to tenants’ homes with timescales to help us maintain safe homes and communities, whilst respecting your right to privacy.
To ensure that the Wealden District Council (WDC) meets its statutory and legal obligations, tenancy visits and property inspections are a necessary requirement to assist the Council in sustaining tenancies and maintaining the condition of its properties.
This policy outlines WDC’s approach to obtaining access to our tenanted properties, including gardens and outside areas. The policy aims to ensure that tenants are aware of the circumstances when WDC will seek access to their homes and the tenant’s responsibility in providing that access.
This policy applies to all Council tenants, Council staff and their appointed contractor/s. It relates to properties owned by or managed on behalf of the Council. The policy also outlines the circumstances under which a resident will be required to allow access to, or through, their home by the Council or its appointed contractor/s.
The policy covers:
- When we may need access to a property
- Tenancy Home Checks, Property Surveys and the reasons for them
- Responsibilities
- What action WDC will take if access to a property is denied
Neighbourhood and Community Standard,
The Regulator of Social Housing (RSH) requires all registered providers to publish a policy setting out how, in consultation with their tenants, they will maintain and improve the neighbourhoods associated with their homes.
These new standards are to ensure:
- People feel safe and secure in their homes
- Problems can be fixed before they spiral out of control
- People can see exactly how well their landlord is performing giving tenants a stronger voice
- Complaints are dealt with promptly and fairly
- We provide a good quality home and neighbourhood to live in
Welfare checks
Welfare checks are carried out when third parties, such as other agencies and contractors, identify safeguarding concerns, complex support needs or vulnerabilities. As part of their role a member of the Tenancy & Estates team will need access to the home.
This includes, but is not limited, to:
- Tenancies that are at risk of failure.
- Tenants who are not responding to multiple intervention attempts from Housing Services.
- Circumstances where tenants are experiencing difficulties sustaining their tenancies. These tenants may have complex behaviours that prevent them from engaging with support services.
- Tenants and household members exhibiting signs of self-neglect or welfare concerns; and
- Tenants who have complex support needs, including mental health, drug and alcohol use, that require intensive support from a range of services to assist them in maintaining their tenancies.
Tenancy Audit Visits (TAVs)
Tenancy Audit Visits will be conducted by housing staff in accordance with our rolling programme. The Council will prioritise TAVs based on identified risk factors. TAVs will be prioritised where tenants have had little or no contact with the Council for a significant amount of time. This will also ensure that all tenants receive minimum annual contact from the Council.
The visit will include carrying out a comprehensive review of the tenant’s circumstances to ensure that their housing and support needs are being met. The Council also has an obligation to provide well-maintained housing of a suitable standard and tenancy visits are required to ensure all repairs are being reported to us and that the tenant is meeting their tenancy responsibilities.
Where possible TAVs will take place at the same time as other visits, for example, fixed term tenancy reviews, to minimise disruption to tenants.
Property Surveys
A Property Survey is a detailed inspection by a qualified surveyor. The inspection is to assess the condition of amenities, structures and finishings throughout the property to identify any areas that require repair, maintenance and improvement.
The inspection will identify any repairs or replacements that are required to the property as well identifying issues, such as damp and mould, that need action and preventative work to prevent reoccurrence. A convenient time for the works to be carried out will be arranged following the inspection.
The inspection will also identify the condition of components, their expected lifespan, with photographic records, for formulating future planned programmes of work.
Safety checks
WDC is required by law to carry out health and safety checks on its properties to ensure our homes are safe to live in. These include;
Annual gas boiler servicing
Electrical testing and resultant remedial work every 5 years to all properties. (Smoke and Carbon monoxide alarms are renewed every 10 years)
Asbestos surveys, we are legally required to inspect communal areas every year, but we also inspect homes on a routine basis.
Fire Risk assessments of communal areas
Passenger lift checks every year
Water risk assessments in our Retirement Living Courts
To investigate any possible tenancy breaches
Visits may be carried out to investigate potential tenancy breaches. They may be the result of an information received from a third party such as other agencies and contractors.
This includes:
- Rent arrears: Persistent late or missed rent payments.
- Property damage: Causing damage beyond normal wear and tear or making unauthorised alterations.
- Nuisance/Antisocial behaviour: Creating excessive noise, harassment, or engaging in criminal activity.
- Unapproved pets: Keeping pets when the tenancy agreement prohibits it.
- Subletting: Renting out the property or part of it without permission.
- Lack of cleanliness: Failing to keep the property in a reasonably clean state.
To investigate alleged tenancy fraud
Under the Prevention of Social Housing Fraud Act 2013 it is a criminal offence to sub-let or part with possession of social housing. The Council will take appropriate action to ensure that its tenanted properties are only occupied by those with a legal right to be in residence.
Following a request for a transfer & Mutual Exchange
Should an existing tenant request a transfer to another property, access must be granted to carry out a pre-void inspection of the home. This will also be appropriate should a tenant wish to end their tenancy with WDC.
If WDC need to access a property, all reasonable attempts to contact the tenant will be made. WDC will work with the tenants to arrange a mutually convenient time and date to visit. If the tenant is not at home, they must contact to rearrange. Tenants must allow Council staff or their representatives (appointed contractors) into their home when requested, especially if they have requested a repair.
Appropriate identification will always be available when visiting a resident’s home, whether it is a council officer or a contractor visiting.
However, there may be urgent circumstances in which WDC will not be able to give advance notice of a visit. There may be an emergency in which we believe that the safety of the resident and/or other residents, or if the integrity of the property and/or adjoining properties is put at risk. The Council reserves the right to gain access, even if the resident or their representatives are not contactable in advance.
There may be an emergency in which we believe that the safety of the resident and/or other residents, or if the integrity of the property and/or adjoining properties is put at risk. In these circumstances we would not be able to give advance notice but might arrive at the resident’s home and expect access. These situations are rare but do happen.
Tenancy agreements detail the responsibilities of access to properties. It is important that residents inform the Council if:
- Their contact details have changed (e.g. telephone numbers, e-mail addresses or any changes relating to their next of kin).
- If they require additional support needs
- The details of someone else who can give the Council access, if the resident is not able to when WDC needs to enter a home.
Where reasonable access (in line with policy) has been denied, the Council will, where necessary, pursue legal measures such as applying for an injunction and/or serving a Notice of Seeking Possession. However, enforcement action to gain access will always be a last resort.
We recognise that well-trained staff are key to the successful delivery of this policy, and as such we will cover this policy in inductions for new officers and “refreshers” will be mandatory for current staff. Equalities training will also be made available to ensure that the important intersections with other inequalities and disproportionalities are well understood by officers.
All housing staff are required to follow procedures to assess whether there are risks to their safety when preparing for and undertaking any property visit.
Most visits will not pose a risk to housing staff. However, housing staff are responsible for assessing the level of risk posed as part of organising a visit and shall work with the appropriate manager to control any identifiable risks. Such as:
- Individual behaviour of the tenant or household members
- The property condition
- Reports from third parties/agencies that may indicate a risk to housing staff
- Any known warning markers
All staff must ensure that visits are diarised, and safety devices provided by the council are operational.
This policy is set within the legislative framework outlined by the Regulator of Social Housing, such as:
- Localism Act 2011
- Section 16 of the Housing Act 1988
- Housing Act 1996
- Health and Safety at Work Act 1974
- The Building Regulations 2019 for fire safety incorporating 2020 & 2022 amendments
- Gas Safety (Installation and Use) Regulations 1998
- Gas Safety (Management & Right of Entry) Regulations 1996
- The Control of Asbestos Regulations 2012 (CAR 2012)
- Homes (Fitness for Human Habitation) Act 2018
- Landlord and Tenant Act 1985
- Defective Premises Act 1972
- Health and Safety at Work etc. Act 1974
- The Management of Health and Safety at Work Regulations 1999
- Electricity at work regulations (1989)
- Electrical Equipment (Safety) Regulations 1994 and the Plugs and Sockets etc. (Safety) Regulations 1994
- Prevention Social Housing Fraud Act 2013
- Equality Act 2010 · Environmental Protection Act 1990
- Antisocial Behaviour Crime and Policing Act 2012
- Local Government (Miscellaneous Provisions) Act 1982