Section 225C: Emergency remedial action: power to enter without warrant, Housing and Regeneration Act 2008

An authorised person may enter premises at any reasonable time, or times, to take emergency remedial action.

The power in subsection (1) may only be exercised if an authorised person has given a pre-entry notice to—

if the premises are occupied, the occupier (or any one of the occupiers),

if the premises include common parts of a building and there are occupied dwellings in the building that have use of those common parts, the occupier (or any one of the occupiers) of each of those dwellings,

the registered provider whose failure to maintain the premises has caused the imminent risk of serious harm, and

each person registered in the register kept under section 1 of the Land Registration Act 2002 as the proprietor of a registered estate (within the meaning of that Act) in the premises.

A pre-entry notice required by subsection (2) need only be given once in respect of emergency remedial action in relation to premises, even if an authorised person enters the premises on more than one occasion in order to take the emergency remedial action.

A "pre-entry notice" is a notice which—

identifies the premises to be entered;

identifies the failure to maintain the premises which has caused the imminent risk of serious harm;

states that a person authorised by the regulator intends to enter the premises;

specifies the date (or the first date) that the authorised person proposes to enter the premises to take emergency remedial action;

specifies the power under this section as the power under which the authorised person intends to enter the premises;

explains the effect of section 225H.

A pre-entry notice may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 225E.

An authorised person may not enter premises in reliance on a pre-entry notice—

before the date (or the first date) specified in the notice, or

within 24 hours of giving the notice,

except where the relevant person in respect of the notice consents.

In subsection (6), "the relevant person" in respect of the pre-entry notice means—

in the case of a pre-entry notice required by subsection (2)(a) or (b), the occupier (or any one of the occupiers) of the premises or dwelling;

In this section, "common parts", in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.

Section 225C: Emergency remedial action: power to enter without warrant

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