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Part 4Enforcement

Chapter 3Investigatory powers

Investigatory powers under this Act

114Power of local housing authority to require information from relevant person

(1)

An officer of a local housing authority may, for purposes connected with any function of the authority under or by virtue of legislation set out in the list in subsection (3), give a notice to a relevant person requiring the person to provide the local housing authority or an officer with the information specified in the notice.

(2)

In this Chapter “relevant person”, in relation to a power under this Chapter, means a person who has, in the twelve months ending with the day on which the power is exercised—

(a)

had an estate or interest in premises which consist of or include any relevant accommodation, otherwise than as a mortgagee not in possession,

(b)

been a licensor of premises which consist of or include any relevant accommodation,

(c)

acted or purported to act on behalf of a person within paragraph (a) or (b), or

(d)

marketed any relevant accommodation for the purposes of creating a residential tenancy, within the meaning of Part 2 (see section 99).

(3)

Here is the list—

sections 1 and 1A of the Protection from Eviction Act 1977;
Chapter 1 of Part 1 of the Housing Act 1988;
section 83 (1) or 84 (1) of the Enterprise and Regulatory Reform Act 2013;
sections 21 to 23 of the Housing and Planning Act 2016;
Chapter 3 of Part 1 and Part 2 of this Act.

(4)

A notice under this section must be in writing and must specify that it is given under this section.

(5)

The notice may specify—

(a)

the time within which and the manner in which the relevant person to whom it is given must comply with it;

(b)

the form in which information must be provided.

(6)

The notice may require—

(a)

the creation of documents, or documents of a description, specified in the notice, and

(b)

the provision of those documents to an enforcement authority or officer.

(7)

The notice must include information about the possible consequences of not complying with a notice under this section.

(8)

A requirement to provide information or create a document is a requirement to do so in a legible form.

(9)

A notice under this section does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce in proceedings in the High Court on the grounds of legal professional privilege.

(10)

In subsection (2) “relevant accommodation” means any residential accommodation in England that is connected with the exercise or proposed exercise of the function in relation to which the power under this Chapter is exercised.

115Power of local housing authority to require information from any person

(1)

Where an officer of a local housing authority reasonably suspects that there has been a breach of, or an offence under, the rented accommodation legislation, the officer may for a purpose mentioned in subsection (2) give notice to any person requiring the person to provide the local housing authority or an officer with information specified in the notice.

(2)

The purposes are—

(a)

investigating whether there has been a breach of, or an offence under, the rented accommodation legislation, or

(b)

determining the amount of a penalty under that legislation.

(3)

In this Chapter “the rented accommodation legislation” means—

sections 1 and 1A of the Protection from Eviction Act 1977;
Chapter 1 of Part 1 of the Housing Act 1988;
Parts 1 to 4 and 7 of the Housing Act 2004 so far as relating to qualifying residential premises within the meaning given by section 2B of that Act;
section 83 (1) or 84 (1) of the Enterprise and Regulatory Reform Act 2013;
sections 21 to 23 of the Housing and Planning Act 2016;
Chapter 3 of Part 1 and Part 2 of this Act.

(4)

A notice under this section must be in writing and must specify that it is given under this section.

(5)

The notice may specify—

(a)

the time within which and the manner in which the person to whom it is given must comply with it;

(b)

the form in which information must be provided.

(6)

The notice may require—

(a)

the creation of documents, or documents of a description, specified in the notice, and

(b)

the provision of those documents to an enforcement authority or officer.

(7)

The notice must include information about the possible consequences of not complying with a notice under this section.

(8)

A requirement to provide information or create a document is a requirement to do so in a legible form.

116Enforcement of power to require information from any person

(1)

If a person fails to comply with a notice under section 115, the local housing authority or an officer of the authority may make an application under this section to the court.

(2)

If it appears to the court that the person has failed to comply with the notice, it may make an order under this section.

(3)

An order under this section is an order requiring the person to do anything that the court thinks it is reasonable for the person to do, for any of the purposes for which the notice was given, to ensure that the notice is complied with.

(4)

An order under this section may require the person to meet the costs of the application.

(5)

If the person is a company, partnership or unincorporated association, the court in acting under subsection (4) may require an official who is responsible for the failure to meet the costs or expenses.

(6)

In this section—

“the court” means—

(a)

the High Court, or

(b)

the county court;

“official” means—

(a)

in the case of a company, a director, manager, secretary or other similar officer,

(b)

in the case of a limited liability partnership, a member,

(c)

in the case of a partnership other than a limited liability partnership, a partner, and

(d)

in the case of an unincorporated association, a person who is concerned in the management or control of its affairs.

117Limitation on use of information provided under section 115

(1)

In any criminal proceedings against a person who provides information in response to a notice under section 115 (including information contained in a document created in response to such a notice)—

(a)

no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)

no question relating to the information may be asked by or on behalf of the prosecution.

(2)

Subsection (1) does not apply if, in the proceedings—

(a)

evidence relating to the information is adduced by or on behalf of the person providing it, or

(b)

a question relating to the information is asked by or on behalf of that person.

(3)

Subsection (1) does not apply if the proceedings are for an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath).

118Business premises: entry without warrant

(1)

An officer of a local housing authority may, at any reasonable time, enter any premises in England if—

(a)

the officer reasonably believes the premises to be occupied by a relevant person for the purposes of a rental sector business, and

(b)

the officer considers it necessary to enter the premises in order to exercise the powers under section 122 or 123 for purposes connected with any function of the authority under or by virtue of the rented accommodation legislation.

(2)

Subsection (1) does not authorise entry into premises used wholly or mainly as residential accommodation.

(3)

In the case of a routine inspection, the power in subsection (1) may only be exercised if a notice has been given to an occupier of the premises in accordance with the requirements in subsection (4), unless subsection (5) applies.

(4)

Those requirements are that—

(a)

the notice is in writing and is given by an officer of the local housing authority,

(b)

the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2), and

(c)

there are at least 24 hours between the giving of the notice and the entry.

(5)

A notice need not be given if the occupier (or one of the occupiers if there is more than one) has waived the requirement to give notice.

(6)

In this section “routine inspection” means an exercise of the power in subsection (1) other than where—

(a)

the officer reasonably considers that to give notice in accordance with subsection (3) would defeat the purpose of the entry, or

(b)

it is not reasonably practicable in all the circumstances to give notice in accordance with that subsection.

(7)

An officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(8)

An officer entering premises under subsection (1) may take photographs or make recordings.

(9)

In this section “rental sector business” means a business connected with—

(a)

the letting of residential accommodation in England,

(b)

the creation of licences to occupy such accommodation,

(c)

the marketing of such accommodation for the purpose of creating a tenancy or licence to occupy, or

(d)

the management of such accommodation when occupied under a tenancy or licence to occupy.

119Duties where occupiers are on business premises entered without warrant

(1)

If an officer of a local housing authority enters premises under section 118(1) and finds one or more occupiers on the premises, the officer must—

(a)

produce evidence of the officer’s identity and authority to that occupier or (if there is more than one) to at least one of them, and

(b)

if the entry takes place otherwise than in the course of a routine inspection, provide to that occupier or (if there is more than one) to at least one of them a document that—

(i)

sets out why the entry is necessary, and

(ii)

indicates the nature of the offences under section 131(1) and (2).

(2)

An officer need not comply with subsection (1) if it is not reasonably practicable to do so.

(3)

Proceedings resulting from the exercise of the power under section 118(1) are not invalid merely because of a failure to comply with subsection (1).

120Business premises: warrant authorising entry

(1)

A justice of the peace may issue a warrant authorising an officer of a local housing authority who is named in the warrant to enter premises in England that are specified in the warrant if the justice of the peace is satisfied, on written information on oath given by that officer—

(a)

that the officer would, in entering the premises, be acting in the course of employment by, or on the instructions of, the local housing authority, and

(b)

that there are reasonable grounds for believing that—

(i)

the premises are occupied by a relevant person for the purposes of a rental sector business,

(ii)

the premises are not used wholly or mainly as residential accommodation,

(iii)

on the premises there are documents which an officer of the local housing authority could require a person to produce under section 122, or could seize under section 123, and

(iv)

condition A, B or C is met.

(2)

Condition A is that—

(a)

access to the premises has been or is likely to be refused, and

(b)

notice of the local housing authority’s intention to apply for a warrant under this section has been given to an occupier of the premises.

(3)

Condition B is that it is likely that documents on the premises would be concealed or interfered with if notice of entry of the premises were given to an occupier of the premises.

(4)

Condition C is that no occupier is present, and it might defeat the purpose of the entry to wait for their return.

(5)

In this section “rental sector business” has the meaning given by section 118(9).

121Business premises: entry under warrant

(1)

A warrant under section 120 authorises the officer named in the warrant to enter the premises at any reasonable time, using reasonable force if necessary.

(2)

A warrant under that section does not authorise entry into premises used wholly or mainly as residential accommodation.

(3)

A warrant under that section ceases to have effect at the end of the period of one month beginning with the day it is issued.

(4)

An officer entering premises under a warrant under section 120 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(5)

An officer entering premises under a warrant under section 120 may take photographs or make recordings.

(6)

If, when the officer enters the premises, the officer finds one or more occupiers on the premises, the officer must produce the warrant for inspection to that occupier or (if there is more than one) to at least one of them.

(7)

Subsection (8) applies if no occupier is present when the premises are entered.

(8)

On leaving the premises the officer must—

(a)

leave a notice on the premises stating that the premises have been entered under a warrant under section 120, and

(b)

leave the premises as effectively secured against trespassers as the officer found them.

122Power to require production of documents following entry

(1)

An officer of a local housing authority who has entered premises under section 118(1) or under a warrant under section 120 may, for the purposes mentioned in subsection (2), at any reasonable time—

(a)

require a relevant person occupying the premises, or anyone on the premises acting on behalf of such a person, to produce any documents relating to the relevant business to which the person on the premises has access, and

(b)

take copies of, or of any entry in, any such document.

(2)

The purposes are—

(a)

to ascertain whether there has been compliance with the rented accommodation legislation where an officer of the local housing authority reasonably suspects a breach of, or an offence under, that legislation;

(b)

to ascertain whether the documents may be required as evidence in proceedings for such a breach or offence.

(3)

The power in subsection (1) is available regardless of whether—

(a)

the purpose for which the documents are required relates to the relevant person or some other person, or

(b)

the proceedings referred to in subsection (2)(b) could be taken against the relevant person or some other person.

(4)

That power includes power to require the person to give an explanation of the documents.

(5)

Where a document required to be produced under subsection (1) contains information recorded electronically, the power in that subsection includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

(6)

This section does not permit an officer to require a person to create a document other than as described in subsection (5).

(7)

This section does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.

(8)

In this section “relevant business” means the business for the purposes of which the premises are occupied.

123Power to seize documents following entry

(1)

An officer of a local housing authority who has entered premises under section 118(1) or under a warrant under section 120 may seize and detain documents which the officer reasonably suspects may be required as evidence in proceedings relating to a breach of, or an offence under, the rented accommodation legislation.

(2)

If one or more occupiers are on the premises, an officer seizing documents under this section must provide to that occupier or (if there is more than one) to at least one of them evidence of the officer’s identity and authority, before seizing the documents.

(3)

The officer need not comply with subsection (2) if it is not reasonably practicable to do so.

(4)

An officer seizing documents under this section must take reasonable steps to—

(a)

inform the person from whom they are seized that they have been seized, and

(b)

provide that person with a written record of what has been seized.

(5)

In determining the steps to be taken under subsection (4), an officer exercising a power under this section must have regard to any relevant provision about the seizure of property made by a code of practice under section 66 of the Police and Criminal Evidence Act 1984.

(6)

This section does not confer any power on an officer to seize from a person any document which the person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege.

(7)

For the purpose of exercising the power under this section, the officer may, to the extent that is reasonably necessary for that purpose—

(a)

require a person with authority to do so to access any electronic device in which information may be stored or from which it may be accessed, and

(b)

if such a requirement has not been complied with, access the electronic device.

(8)

Documents seized under this section may not be detained—

(a)

for a period of more than 3 months beginning with the day on which they were seized, or

(b)

where the documents are reasonably required to be detained for a longer period by the local housing authority for the purposes of the proceedings for which they were seized, for longer than they are required for those purposes.

124Access to seized documents

(1)

This section applies where any document seized by an officer of a local housing authority under this Chapter is detained by the officer or authority.

(2)

If a request for permission to be granted access to that document is made to the local housing authority by a person who had custody or control of it immediately before it was seized, the local housing authority must allow that person access to it under the supervision of an officer.

(3)

If a request for a photograph or copy of that document is made to the local housing authority by a person who had custody or control of it immediately before it was seized, the local housing authority must—

(a)

allow that person access to it under the supervision of an officer for the purpose of photographing or copying it, or

(b)

photograph or copy it, or cause it to be photographed or copied.

(4)

Where any document is photographed or copied under subsection (3), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

(5)

This section does not require access to be granted to, or a photograph or copy to be supplied of, any document if the local housing authority has reasonable grounds for believing that to do so would prejudice the doing of anything for the purposes of which it was seized.

(6)

A local housing authority may recover the reasonable costs of complying with a request under this section from the person by whom or on whose behalf it was made.

(7)

References in this section to a person who had custody or control of a document immediately before it was seized include a representative of such a person.

125Appeal against detention of documents

(1)

Where documents are being detained as the result of the exercise of a power in this Chapter, a person with an interest in the documents may apply for an order requiring them to be released to that or another person.

(2)

An application under this section may be made—

(a)

to any magistrates’ court in which proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

(b)

if no proceedings within paragraph (a) have been brought, by way of complaint to a magistrates’ court.

(3)

On an application under this section, the court may make an order requiring documents to be released only if satisfied that condition A or B is met.

(4)

Condition A is that—

(a)

no proceedings have been brought for an offence as the result of the investigation in the course of which the documents were seized, or

(b)

the period of 6 months beginning with the date the documents were seized has expired.

(5)

Condition B is that—

(a)

proceedings of a kind mentioned in subsection (4)(a) have been brought, and

(b)

those proceedings have been concluded.

(6)

A person aggrieved by an order made under this section by a magistrates’ court, or by the decision of a magistrates’ court not to make such an order, may appeal against the order or decision to the Crown Court.

(7)

An order made under this section by a magistrates’ court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.

126Suspected residential tenancy: entry without warrant

(1)

A specially authorised officer of a local housing authority may enter premises in England at any reasonable time, if—

(a)

the officer reasonably suspects that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63), and

(b)

the officer considers it necessary to inspect the premises for the purpose of investigating whether there has been, in relation to the premises—

(i)

a breach of section 82(3),

(ii)

an offence under subsection (1) of section 92,

(iii)

an offence under subsection (2) of section 92 where the continuing conduct referred to in paragraph (b) of that subsection is a breach of section 82(3),

(iv)

an offence under subsection (3) of section 92 where the different breach referred to in paragraph (b) of that subsection is a breach of section 82(3),

(v)

an offence under subsection (4) of section 92 where the breach referred to in paragraph (b) of that subsection is a breach of section 82(3), or

(vi)

an offence under section 1 of the Protection from Eviction Act 1977, and

(c)

notice has been given in accordance with the requirements of subsection (2) to—

(i)

an occupier of the premises, and

(ii)

any person who has an estate or interest in the premises, other than a mortgagee not in possession and has supplied the local housing authority with an address for the purposes of this paragraph,

unless notice is not required as a result of subsection (3) or (4).

(2)

The requirements referred to in subsection (1)(c) are that—

(a)

the notice is in writing and is given by an officer of the local housing authority,

(b)

the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2) (obstruction), and

(c)

there are at least 24 hours between the giving of the notice and the entry.

(3)

A notice need not be given to a person who has waived the requirement to give notice.

(4)

A notice need not be given in accordance with subsection (1)(c)(ii) to a person who is a residential landlord within the meaning of Part 2 (see section 63).

(5)

If—

(a)

premises are entered in exercise of the power conferred by subsection (1), and

(b)

notice is not given to any person because of subsection (4),

an officer of the local housing authority must give that person notice in writing of the exercise of that power within a reasonable period after its exercise.

(6)

The notice must—

(a)

identify the premises that were entered,

(b)

state when the premises were entered, and

(c)

state the purpose for which the premises were entered.

(7)

A specially authorised officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(8)

A specially authorised officer entering premises under subsection (1) may take photographs or make recordings.

(9)

A specially authorised officer must, if requested to do so, produce the officer’s special authorisation for inspection by a person to whom notice is required to be given under this section or anyone acting on behalf of such a person.

(10)

For the purposes of this section an officer of a local housing authority is “specially authorised” where the officer’s authorisation by the local housing authority for the purposes of the power under subsection (1) (see section 132(2))—

(a)

states the particular purpose for which the officer is authorised to exercise the power, and

(b)

is given by the local housing authority acting through—

(i)

a deputy chief officer of the authority whose duties include duties relating to a purpose within subsection (1)(b), or

(ii)

an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.

127Duties where occupiers are on residential premises entered without warrant

(1)

If an officer of a local housing authority enters premises under section 126(1) and finds one or more occupiers on the premises, the officer must produce evidence of the officer’s identity and special authorisation to that occupier or (if there is more than one) to at least one of them.

(2)

An officer need not comply with subsection (1) if it is not reasonably practicable to do so.

(3)

Proceedings resulting from the exercise of the power under section 126(1) are not invalid merely because of a failure to comply with subsection (1).

(4)

In this section “special authorisation” has the same meaning as in section 126 (see subsection (10) of that section).

128Suspected residential tenancy: warrant authorising entry

(a)

that the officer would, in entering the premises, be acting in the course of employment by, or on the instructions of, the local housing authority,

(b)

that there are reasonable grounds for suspecting that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63),

(c)

that it is necessary for the officer to inspect the premises for the purpose of investigating whether there has been, in relation to the premises, a breach or an offence mentioned in section 126(1)(b),

(d)

that—

(i)

admission to the premises has been sought for the purposes of entry under section 126(1) but has been refused,

(ii)

that no occupier is present and it might defeat the purpose of the entry to await their return, or

(iii)

that application for admission would defeat the purpose of the entry.

129Suspected residential tenancy: entry under warrant

(1)

A warrant under section 128 authorises the officer named in the warrant to enter the premises at any reasonable time, using reasonable force if necessary.

(2)

A warrant under that section ceases to have effect when the inspection of the premises has been completed.

(3)

An officer entering premises under a warrant under section 128 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(4)

An officer entering premises under section 128 may take photographs or make recordings.

(5)

(6)

Subsection (7) applies if no occupier is present when the premises are entered.

(7)

On leaving the premises the officer must—

(a)

leave a notice on the premises stating that the premises have been entered under a warrant under section 128, and

(b)

leave the premises as effectively secured against trespassers as the officer found them.

130Powers of accompanying persons

A person who accompanies an officer of a local housing authority entering premises under, or under a warrant under, this Chapter—

(a)

has the same powers under this Chapter as the officer in relation to the premises, but

(b)

must exercise those powers only in the company, and under the supervision, of the officer.

131Offences

(1)

A person commits an offence if the person—

(a)

without reasonable excuse obstructs an officer of a local housing authority who is exercising or seeking to exercise in accordance with this Chapter a power under any provision of this Chapter other than section 115,

(b)

without reasonable excuse fails to comply with a requirement properly imposed by an officer of a local housing authority under any provision of this Chapter other than section 115, or

(c)

without reasonable cause fails to give an officer of a local housing authority any other assistance or information which the officer reasonably requires of the person for the purpose of exercising a power under any provision of this Chapter other than section 115.

(2)

A person commits an offence if, in giving information to an officer who is exercising or seeking to exercise a power under this Chapter, the person—

(a)

makes a statement which the person knows is false or misleading in a material respect, or

(b)

recklessly makes a statement which is false or misleading in a material respect.

(3)

A person who is not an officer of a local housing authority commits an offence if the person purports to act as such under this Chapter.

(4)

A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

A person who is guilty of an offence under subsection (3) is liable on summary conviction to a fine.

(6)

Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.

132Investigatory powers: interpretation

(1)

In this Chapter—

“document” includes information recorded in any form;

“give”—

(a)

in relation to a notice to an occupier of premises, includes delivering or leaving it at the premises or sending it there by post, and “given”, in relation to such a notice, is to be read accordingly;

(b)

in relation to a notice to a person referred to in section 126(1)(c)(ii), includes delivering or leaving it at the address supplied by the person or sending it to that address by post, and “given”, in relation to such a notice, is to be read accordingly;

“occupier”, in relation to premises, means any person an officer of a local housing authority reasonably suspects to be an occupier of the premises;

“premises” includes any stall, vehicle, vessel or aircraft;

“relevant person”: see section 114(2);

“the rented accommodation legislation”: see section 115(3).

(2)

References in this Chapter to an officer—

(a)

are to a person authorised in writing by a local housing authority to exercise powers under this Chapter, and

(b)

in relation to a particular power only cover a particular officer if and to the extent that the officer has been authorised to exercise that power.

(3)

References in this Chapter to the functions of a local housing authority by virtue of particular legislation include references to any function of the authority of investigating whether an offence has been committed under that legislation.

(4)

A duty or power to process information that is imposed or conferred by, or by virtue of, this Chapter does not operate to authorise the processing of information which would contravene—

(a)

the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation), or

(b)

Parts 1 to 7 or Chapter 9 of the Investigatory Powers Act 2016.

(5)

In subsection (4) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).