Draft access policy
| Authors | Melanie Staunton |
|---|---|
| Date authored | June 2024 |
| Date adopted | - |
| Delegated authority approved by | Richard Tomkinson |
| Revision date | - |
This document is also avaliable to download: Draft access policy [pdf] 389KB
Contents
- Purpose and scope
- Access for repairs and maintenance
- Home visits
- Compliance work
- Urgent welfare checks
- Special considerations
- Complaints and feedback
- Review and updates
- Supporting information
- Equality and diversity impacts
- Consultation
- Monitoring and controls
1. Purpose and scope
1.1 This policy outlines the guidelines and procedures for the Arun District Council Housing Team when accessing Council owned, leasehold, and shared ownership properties for repairs, home visits, and compliance work.
1.2 It ensures that all access is conducted respectfully, transparently, and with minimal disruption to residents.
2. General principles
2.1 Respect and Privacy: The Housing Team will always respect the privacy and dignity of residents. Access to properties will be conducted in a manner that minimises inconvenience and respects the residents home environment.
2.2 Advance Notice: Except in emergencies, residents will receive advance notice of any required access to their property. This notice will include the purpose of the visit, the date, and the approximate time.
3. Access for repairs and maintenance
3.1 Routine Repairs: For routine repairs, which are scheduled maintenance activities performed to ensure the ongoing upkeep and proper functioning of council properties, residents will be given at least 24 hours' notice. The Housing Team will endeavour to coordinate with residents to schedule repairs at a convenient time.
3.2 Reactive Repairs: When residents request a reactive repair, our repairs team will book an appointment verbally. This verbal appointment will be followed up with a confirmation communication when required, providing details of the date, time, and nature of the repair work to ensure clarity and convenience for the resident.
3.3 Urgent Repairs: Urgent repairs that do not pose immediate danger but require prompt attention will be scheduled as soon as possible, at a mutually convenient time, that aligns with our published repairs timescales.
3.4 Emergency Repairs: In the case of emergency repairs, such as those required for health and safety reasons or to prevent significant property damage, the Housing Team may need immediate access to the property. Every effort will be made to contact the resident before entry.
4. Home visits
4.1 Scheduled Visits: Home visits for purposes such as welcome visits, inspections, welfare checks, or tenancy reviews will be scheduled in advance. Residents will receive notice at least 24 hours before the visit, detailing the purpose of the visit.
4.2 Resident Requests: If a resident requests a home visit, the Housing Team will arrange a mutually convenient time for the visit.
5. Compliance work
5.1 Health and Safety Inspections: Residents will receive a minimum of 48 hours' written notice before any scheduled health and safety inspection. Notices will be delivered through multiple channels, such as email, postal mail, text messages and notices posted on communal boards, to ensure residents are adequately informed.
5.2 Obligatory Access: Residents are required to provide access to their property for these essential inspections and safety checks. This obligation is part of the tenancy agreement and is critical for maintaining a safe living environment.
5.3 Procedure if access is denied or obstructed:
5.3.1 Initial Refusal: If a resident denies access or is not present at the scheduled time, a second notice will be issued, giving another 48 hours' notice for the rescheduled inspection.
5.3.2 Appointment Attempts: Contractors will attempt to make an appointment with residents up to three months in advance. This will include at least four phone calls, two letters, and door-knocking attempts. If these attempts are unsuccessful, the address will be passed back to the Council for further action.
5.3.3 Additional Contact Attempts: Once the address is passed back to the Council, staff will attempt to contact the resident through various methods, including telephone calls, door- knocking, and using emergency contact details or next of kin information. The Neighbourhood team will also be involved to assist in making contact and securing an appointment.
5.3.4 Formal Warning: Approximately one month before the due date, a series of three escalating letters will be sent to the resident. The final letter will outline the legal next steps and the potential consequences of continued non-compliance. If access is still denied, a formal warning will be issued, highlighting the legal obligations under the tenancy agreement and the importance of the inspection for health and safety compliance. Staff will seek approval from the Group Head of Housing & Communities or a nominated senior manager before taking further action.
5.3.5 Legal Action: If access is still not granted after the formal warning, Arun District Council will seek a legal remedy. This may involve applying for a court order to gain entry to the property. The resident will be informed of this step and the potential legal consequences, including any associated costs being passed on to them.
5.3.5 Emergency Access: In situations where there is an immediate threat to health and safety (e.g., gas leak, fire hazard), the Council reserves the right to gain emergency access without prior notice. This action will be in accordance with legal provisions to protect the safety and wellbeing of all residents. Staff will seek approval from the Group Head of Housing & Communities or a nominated senior manager before taking this action, if time permits. A notice will be left on the door informing the resident of the entry and providing contact details to retrieve the keys.
5.4 General consequences of obstructing access:
5.4.1 Breach of Tenancy Agreement: Obstructing or denying access for health and safety inspections constitutes a breach of the tenancy agreement. This can lead to legal action, including seeking an injunction and recovery of any court costs in severe or persistent cases.
5.4.2 Financial Liabilities: Any costs incurred by the council in seeking legal access (e.g., court fees, locksmith services) may be recharged to the resident responsible for denying access.
5.4.3 Resource-Intensive Process: The process of gaining access often involves multiple departments, including Contractors, Compliance, Neighbourhood and Legal Services, which is necessary to ensure the Health & Safety of our residents.
5.4.4 Conditional Application: The access procedure is applied as necessary rather than absolutely, to manage resource constraints effectively. This means that staff may prioritise urgent and critical cases over others to ensure optimal use of available resources.
5.4.5 Software Tools and Assistance: The council will aim to make the best use of available software to streamline the process and make management more effective by automating scheduling, notifications, and tracking of access attempts.
5.4.6 Legal Intervention: Persistent no-access situations may require intervention from legal services to ensure compliance and maintain building safety standards. Legal actions are taken as a last resort but are necessary to uphold the safety and integrity of the housing stock.
6. Urgent welfare checks
6.1 Immediate Access: In circumstances where there is concern for the welfare or wellbeing of a resident, or where there are urgent issues that pose a threat to the safety or integrity of the building (such as leaks, gas issues), the Housing Team may need to gain immediate access to the property without prior notice. Situations warranting immediate access include, but are not limited to:
- Lack of response from a vulnerable resident despite repeated attempts to contact them.
- Reports from neighbours or family members expressing concern for the resident's wellbeing.
- Visible signs indicating the resident might be in distress or incapacitated.
- Urgent issues that threaten the safety of the property or other residents, such as water leaks or gas leaks.
6.2 Procedure: When an urgent welfare check is required, the following steps will be taken:
- Attempt to contact the resident via phone or at the property.
- Notify the appropriate emergency services (e.g., police, medical) if necessary.
- If no response is received and there are significant concerns for the resident's safety or property integrity, the Housing Team will seek approval from the Group Head or a nominated senior manager before gaining entry with appropriate legal support, including police engagement, prioritising the resident's wellbeing and safety.
- In cases where forced access is necessary, the Housing Team may involve the police or other emergency services to ensure safe entry.
- Document all actions taken, including attempts to contact the resident and notifications made to emergency services.
- Leave a notice on the door informing the resident of the entry, providing contact details for retrieving the keys, and explaining the reason for access.
6.3 Legal and Procedural Compliance: All actions will be in line with legal provisions and the council's tenancy agreement regarding forced access for welfare checks, urgent repairs, and safety issues. The legal basis for access in cases of Anti-Social Behaviour (ASB) as specified in the housing ASB policy will be reviewed to ensure compliance with all relevant regulations.
6.4 Resident and Community Safety: The safety and wellbeing of residents will be prioritised, ensuring that all procedures for urgent access are carried out transparently, responsibly, and with the necessary approvals to mitigate risks and uphold the integrity of the building and community
7. Special considerations
7.1 Leasehold and Shared Ownership Properties: Access to leasehold or shared ownership properties managed by Arun District Council will be coordinated in accordance with the terms of the lease or ownership agreement. Leaseholders and shared owners are expected to comply with access requests for necessary repairs, maintenance, and compliance checks.
7.2 Vulnerable Residents: Special considerations will be made for vulnerable residents. The Housing Team will work with support services to ensure that access is handled sensitively and appropriately. Reasonable adjustments will be discussed with the resident to facilitate access, ensuring specific needs are met wherever possible.
7.3 Language and Communication Needs: The Housing Team will accommodate residents' language and communication needs by providing translation or interpretation services where necessary, ensuring clear and effective communication during access requests and procedures.
8. Resident rights and responsibilities
8.1 Right to Privacy: Residents have the right to privacy and to be treated with respect during any access by the Housing Team. Residents can request identification from Housing Team members before granting access.
8.2 Responsibility to Allow Access: Residents are responsible for allowing access to their property for legitimate purposes such as repairs, maintenance, and compliance checks, as outlined in their tenancy agreement. Failure to provide access may result in the Council taking further action to gain entry, including legal measures if necessary. Residents must comply with these requests to ensure the safety, upkeep, and proper functioning of their homes.
9. Complaints and feedback
9.1 Residents who have concerns or complaints about the access process can contact the Housing Team through the following channels:
Phone: 01903 737500
Email: infomanagement@arun.gov.uk
In-Person: At our office locations
9.2 Complaints will align with Arun District Council’s Complaints Policy
10. Review and updates
10.1 This Access Policy will be reviewed intermittently to ensure it remains current and effective. Any changes will be communicated to residents through our website and other appropriate channels.
11. Supporting information
11.1 Legal Framework
11.1.1 This policy is aligned with various legal requirements and regulations, including but not limited to:
- Building Safety Act 2021
- Equality Act 2010
- Fire Safety Act 2021
- Health and Safety at Work etc. Act 1974
- Homes (Fitness for Human Habitation) Act 2018
- Human Rights Act 1998
- Landlord and Tenant Act 1985
- The Gas Safety (Installation and Use) Regulations 1998
11.2 Relevant Arun District Council Policies and Procedures
11.2.1 This policy works in conjunction with the following:
- Anti-Social Behaviour Policy
- Data Protection Policy
- Electrical Testing Policy
- End of Tenancy Procedure
- Gas Safety Policy
- Hoarding Policy
- Introductory Tenancy Policy
- Repairs Policy
- Tenancy and Lettings Policy
12. Equality and diversity impacts
12.1 This policy has been reviewed for equality and diversity impacts. It is designed to ensure no adverse effects on any protected characteristics under the Equalities Act 2010.
12.2 The policy will be implemented in accordance with Arun District Council's responsibilities and duties under relevant legislation.
13. Consultation
13.1 This policy has been developed in consultation with Property Services, Housing Services, and involved residents to ensure it meets the needs of our tenants and leaseholders, whilst fulfilling legal and regulatory requirements.
14. Monitoring and controls
14.1 The policy and its procedures will be monitored through regular reviews and feedback from residents.
14.2 Adjustments will be made as necessary to ensure it remains effective and fair.
14.3 Training will be provided to staff to ensure they understand and correctly implement the policy.
14.4 By following this comprehensive Property Access Policy, Arun District Council aims to ensure the safety, well-being, and satisfaction of all residents while maintaining compliance with legal obligations and high standards of property management.