Gaining Entry to Someones Home
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1 March 2011
This article looks at the rights of certain bodies which have the right
to enter a home in certain circumstances. Of course, to protect the
rights of all homeowners, there must be a legitimate reason for the
entry and they must produce evidence of identity. In certain
circumstances they can only gain entry by giving the homeowner prior
written notice and permitted to visit at a reasonable hour of the day.
Where there has been forcible entry, they must secure the property
before leaving.
The Fire Service
They are permitted to enter a property -
and neighbouring properties - if there is or there is believed to be a
fire.
Police Officers
Where they have a search warrant, the
Police can gain immediate access to a property. They can therefore
force entry into a home. Search warrants are issued by the court and
can be given for a variety of reasons such as to carry out a search or
seizure. Where the Police have a suspicion and want to search a home
but have no search warrant, they cannot enter the home lawfully unless
given permission in writing by the homeowner.
Bailiffs
Private bailiffs can only enter a property
through an open door or window. Once they have gained lawful access
into the property, they are permitted by law to force entry to any
other part of the property. Where seizure of property is postponed by
the debtor agreeing to make regular payments, and the debtor defaults,
then the bailiffs can force entry to the home. Court bailiffs can enter
a property and remove a tenant, if the tenant is in breach of a court
order to leave the property. All bailiffs must abide by the code of
conduct of the Enforcement Services Association (ESA), and any
complaint against them should be made with the ESA, if not the head of
their employer.
Tax and Customs & Excise
Officers
Tax officers will only enter a home if
they have a suspicion, but they must have a search warrant before doing
so.
Custom & Excise officers can enter
by force, seize documents and search individuals, without a warrant to
investigate suspected Vat offences.
TV Licensing Officers
They can only enter a home if they have a
search warrant. They may make repeated visits to re-check if they
suspect there is a television but do not find it during previous
visits.
Various Local Authority Officers
Planning and rating officers can only
enter a home to inspect it, having given prior notice. It is an offence
to get into their way.
Local Housing Officers can enter for a
variety of reasons, such as to enforce a notice to repair or demolish
or a compulsory purchase order. They must have written authority and
must give at least 24 hours notice. It can be an offence to get in
their way. It must be noted that private landlords cannot enter a
rented property without prior agreement with the tenant, except where
it's an emergency.
Officers of Utility Companies
Gas and electricity officers can enter in
an emergency, or by warrant for other purposes such to disconnect the
supply because of non-payment of bills or illegal use.
Water company officers can enter your
house to inspect water meters, illegal use of water or in emergencies.
Inam Ali is a Solicitor at Lawdit,
specialising in
Commercial Property and Intellectual Property Law and can be contacted
via email: inam.ali@lawdit.co.uk
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2011-03-16 13:21:02 in Legal Articles
