Here is a question to the blog clinic from Alan who is a landlord:
Could I use health and safety regulations to enter a property against tenants wishes if the property is being used as drugs den and is probably dangerous?
Answer
No. Landlords do not have the right to enter a rented property against the tenant’s wishes, save in the case of an emergency.
Emergency means something like a serious fire.
If you believe that the property is being used for illegal purposes there are two things that you should do:
- Report it to the Police – they have rights of access (if they obtain a warrant), you do not.
- Arrange to serve a section 21 notice on the tenants (assuming you are able to do this and have complied with all the necessary pre-requisites) and end the tenancy as soon as possible.
Below is a short video clip, taken from the Q&A session at our 2019 Landlord Law Conference where Barristers Robert Brown and Peter Marcus discuss when you can access in the case of emergency.
If the Police get evidence to suggest the property is being used for a drugs den or similar then they may be able to apply for a closure order under the Anti-social Behaviour, Crime and Policing Act 2014, which could see your tenants banned from using the property for up to 3 months, giving you a chance to get your Possession process started.
They could simply ban visitors to the property, allowing only the tenants to use it.
A superintendent has to apply to the court so I assume there would be an opportunity for the tenant(s) to put their case too.
You might for example have a situation where a vulnerable adult is “cuckooed” by young adults taking advantage of their hospitality and then using the address as a base for drug-dealing. Clearly it would not be right to ban he vulnerable adult from their home.
If, however, the tenants were all banned from occupation for three months then this in itself would not end the tenancies nor result in possession other than via normal procedures. It would, though, stop any housing benefit claim in its tracks. This could be disastrous for a LL.’s cash flow.
Use with care!