Section 128 Suspected residential tenancy: warrant authorising entryI1

England and Wales

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,

(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.

Annotations

Commencement

I1: S. 128 in force at 27.12.2025, see s. 145(5)(d)