PART IXE+W SLUM CLEARANCE

Supplementary provisionsE+W

319 Powers of entry.E+W

(1)A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving [F1seven days] notice of his intention to the occupier, and to the owner if the owner is known, enter premises—

(a)for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or

(b)for the purpose of survey and examination where a demolition F2. . . order, F3. . . , has been made in respect of the premises; or

(c)for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.

(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F4and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

320 Penalty for obstruction.E+W

(1)It is a summary offence [F5intentionally] to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2)A person committing such an offence is liable on conviction to a fine not exceeding [F6level 3] on the standard scale.

321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

[F8322 Minor definitions.E+W

(1)In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)—

• “ building containing one or more flats ”,

• “ category 1 hazard ”,

• “ category 2 hazard ”,

• “ common parts ”, in relation to a building containing one or more flats,

• “ dwelling ”,

• “ flat ”,

• “ hazard ”.

(2)In this Part—

• “ health ” includes mental health;

• “ house in multiple occupation ” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act);

• “ owner ”, in relation to premises—

  (a)

  means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and

  (b)

  includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;

• “ premises ” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made.

(3)This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.]

[F9(4)In this Part “appropriate tribunal” means—

(a)in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(b)in relation to premises in Wales, a residential property tribunal.]

323 Index of defined expressions: Part IX.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—