Access Policy

1.0 Introduction

1.1 This policy outlines One Manchester’s approach to organising access with customers and leaseholders to carry out inspections, repairs, maintenance, fire/building safety works, or upgrade works to properties we own or manage. The right to access is set out in our relevant tenancy or lease agreements and generally these clauses require customers to allow access when given reasonable notice.

2.0 Purpose

2.1 The purpose of this policy is to make sure we treat all customers in a fair and consistent manner and give clarity on the steps we’ll take to organise both pre- planned and emergency access. As a responsible landlord, One Manchester aims to make sure our properties are well-maintained and that our customers remain and feel safe within their homes.

2.2 One Manchester recognises there are potential health and safety risks when access to properties is needed, whether carrying out regulatory safety checks or general repairs.

2.3 One Manchester is also aware of its legislative and regulatory duties. This policy is also designed to comply with these and any future requirements that are not yet in force. In addition, consideration is also given to One Manchester achieving any decarbonisation/net zero goals where property access may be needed.

2.4 Through this policy, One Manchester wants to make customers and leaseholders aware of their obligations and One Manchester’s approach to access requirements. It also sets out what steps One Manchester will take in situations where access to a property becomes an issue.

3.0 Scope

3.1 This policy applies to all One Manchester customers and leaseholders who have been told that we need to carry out essential inspections, repairs, maintenance, fire/building safety works, or upgrade works to their property. The list is not exhaustive in terms of the access that may be required. This includes work to both the internal and external of the property and any inspections we consider essential to maintain the property or to make sure the property is kept up to standard. For this policy, where reference is made to One Manchester, this includes any agency, contractor, or individual acting on our behalf.

4.0 Annual gas safety inspections

4.1 Under the Gas Safety (Installation and Use) Regulations 1998, it’s a requirement to carry out an annual gas safety check. This means a landlord must take all reasonable steps to make sure a gas safety check is carried out every 12 months. Failure to take all reasonable steps to carry out a check is a criminal offence.

4.2 When a customer refuses access for a gas safety check, the Health and Safety Executive guidance on Gas Safety Checks recommends that the landlord takes the following steps, which we will follow:

• Leave the customer a notice stating that an attempt was made to complete the gas safety check and provide contact details.
• Write to the customer explaining a safety check is a legal requirement and that it is for the customer’s safety and ask the customer to arrange an appointment with us.
• Make three attempts to complete the gas safety check.

4.4 After three attempts, we will apply for an injunction or follow our abandonment policy, if we suspect the property has been abandoned.

5.0 Policy

5.1 Pre-planned access

5.1.1 There are various reasons why One Manchester would need access to properties we own or manage on a pre-planned basis. This includes (but is not limited to):

• access to carry out repairs which are One Manchester’s responsibility to complete;
• access to carry out safety checks to make sure we meet our legal obligations;
o gas safety checks;
o fire door checks or inspection and maintenance of fire safety components;
o carbon monoxide alarms;
o electrical safety checks;
o compulsory repairs needed under statutory obligations;
• access to carry out investment works and property improvements to eliminate known hazards or to maintain asset values;
• access to carry out tenancy audits to inspect the property’s condition and to make sure our customers’ needs are being met effectively;
• access for welfare checks where a concern has been raised;
• access for development and improvement works linked to decarbonisation, future legislation and in line with the Government’s duty under the Climate
Change Act 2008;
• access to carry out essential fire safety or building safety works;
• access to carry out a Tenancy Experience Visit (TEV);
• access to carry out Stock Condition Surveys.

6.0 Process

6.1.1 When arranging access, One Manchester colleagues will be responsible for keeping an accurate record of all contact made with the customer. This includes any verbal or written correspondence around arranging access which should be clearly recorded on the organisation’s electronic housing management system for transparency, and to guide any future legal action which may need to be taken.

6.1.2 Before contacting a customer to tell them we need access for any reason, we’ll check to see if the customer has told us how they wish to be communicated with. The customer’s preferred method will then be used for the initial point of contact and where possible, for all contact going forward. Where there isn’t a preference recorded, the default method will be by phone call or letter by post.

6.1.3 One Manchester will aim to give as much notice as possible to a customer or leaseholder when access is required. Where this isn’t possible, it’ll keep to the timescale in the relevant tenancy agreement or lease. In an emergency, One Manchester reserves the right to decide how much notice to give. 

6.1.4 Before any enforcement action is taken against a customer for not allowing access in line with the relevant agreement, a minimum of three attempts will be made through any format. If access is still refused or no contact is made, we’ll apply for an injunction.

6.1.5 If access has been refused for a Tenancy Experience Visit (TEV) but otherwise access has been provided for all repairs and health and safety inspections, we’ll take legal advice before proceeding with an injunction solely to gain access to do a TEV.

6.2 Enforcement action

6.2.1 When a customer refuses access for any purpose that One Manchester needs, we reserve the right to take legal action. Any decision to undertake legal action needs to be authorised by a manager, who needs to receive the request from the department asking for access. The importance and urgency of why we need to gain access together with any known customer vulnerabilities will be considered.

6.2.2 Before authorising legal action, the manager will need to make sure that a minimum of three attempts to access the property have been made and that a warning has been sent to the customer regarding our access request, highlighting legal action may start. The evidence showing three attempts at access and a letter warning of legal action (whether from a solicitor or us) will need to be provided to the solicitor, along with full details of contacts and any other relevant issues relating to a customer or leaseholder (such as known disabilities or vulnerabilities) before starting the legal process.

6.2.3 The legal action for access that One Manchester will consider is a staged escalation based on a continuation of no access being provided and this being a breach of the tenancy or lease.

This would consist of:

Step 1: Sending a legal warning letter from a solicitor including a date of when access is required.

Step 2 : Applying for a breach of tenancy injunction through the civil courts to compel the access and asking for a forced entry provision.

Step 3: If an order is made without a forced entry provision but access is refused after an order is made, consider the benefit of applying for a variation to the injunction order to seek a forced entry clause.

Step 4: Serve a Notice Seeking Possession (NSP) if the injunction has not worked citing ground 12 for breach of the tenancy.

Step 5: Applying for a possession order on expiry of the NSP.

6.2.5 For leaseholders, we’ll review individual leases to check our rights of access and send a warning letter quoting those parts of the lease. We may instruct solicitors to help. We will generally apply for an injunction against a leaseholder first. If the leaseholder is lawfully sub-letting and the sub-customer will not provide access or the leaseholder is out of the country, we will take legal advice on our options. 

6.2.6 If an injunction order is made and not complied with, we’ll apply for committal to prove a breach as a contempt of court. Once we have that finding by a court that the leaseholder has breached their lease, we may then serve a Section 146 Notice (forfeiture). We should make sure costs orders are always sought against a leaseholder. If we’re considering forfeiture action, we may need to take legal advice.

6.2.7 At any stage during this process, One Manchester will continue to try to communicate with the customer or leaseholder to secure access and, where
needed, offer any help or support that is available.

6.2.8 At any stage during this process, if One Manchester becomes aware of any support need it was not aware of before, referrals will be made and
consideration given to pausing any enforcement action.

6.2.9 If an application for an injunction has started but access is granted by a customer in the interim period, as a default position One Manchester will seek an adjournment to those proceedings with the option to restore them in the event of any future access issues. We reserve the right to proceed with the hearing to obtain a costs order at our discretion.

6.2.10 One Manchester reserves the right in extreme situations to issue a without notice injunction application and forego the above steps. We may take legal advice before using this as an option. Extreme situations may include but are not limited to:

• pest infestation impacting neighbours;
• a very overdue gas safety inspection;
• deliberately obstructive conduct by a customer;
• where works to a block/building cannot be completed unless works to all
flats are done at the same time;
• a high risk to the customer or their neighbours. 

6.2.11 An injunction cannot be used where the customer lacks mental capacity to understand the terms of the order and the consequences of breaching it. If that is the case, then after liaison with any other family member, social worker, or support agency, possession proceedings should be used instead relying on the breach of tenancy ground. Often the outcome sought would be a suspended possession order. 

6.2.12 Legal advice should be sought as any proceedings against a customer lacking mental capacity require a “litigation friend” to be appointed and there are additional processes to follow after the proceedings are issued.

6.3 Abandonment

6.3.1 In cases where we suspect the customer has abandoned the property or is living elsewhere, the Neighbourhood Officer (NO) will be notified and will investigate in line with our abandonment policy and procedure. If the NO is satisfied with the evidence gathered that the customer appears to have abandoned the property, they will issue a Notice to Quit (NTQ). Following this, action will be taken to recover possession of the property either through court proceedings or if approved by the relevant Neighbourhood Manager after conducting a risk assessment and reviewing the evidence gathered, by changing the locks on expiry of the NTQ in line with our abandonment process.

6.4 Emergency access

6.4.1 In certain circumstances, One Manchester may need to gain emergency access to properties where a serious concern has been raised about the customer’s health and safety, their neighbours, or the wider community. One Manchester will only ever attempt emergency access in extreme circumstances.

6.4.2 Non-exhaustive examples of extreme circumstances include a flood, gas leak, fire, or significant concern about a customer’s welfare or people living with them that may require urgent medical attention. In a situation where there is concern for welfare, we’ll ask the emergency services to attend as well and ask them to enter the property first.

6.4.3 The relevant Neighbourhood Manager or duty manager will need to give permission before an officer can organise emergency access. Any emergency access will forego the need for notice set out previously in this policy.

6.4.4 When One Manchester has had to gain emergency access, we’ll:

• make sure follow up attempts are made to trace the customer or leaseholder to tell them of the actions taken and why, including leaving a
notice at the premises;
• make sure the premises are left safe and secure. This may, on occasion, involve carrying out a lock change. Where this is needed, One Manchester
colleagues will leave messages where possible notifying the customer or leaseholder on how they can obtain replacement keys or leave the keys in a key safe and send the code to the customer using the contact details held for them;
• repair any damage caused to the property because of seeking emergency access;
• take photographic evidence showing the internal condition of the premises and record an inventory of goods and items;
• make any follow-up referrals as necessary depending on why the emergency access was required

6.4.5 If One Manchester needs to gain emergency access to remedy a fault caused by the customer or leaseholder, we reserve the right to recharge for the works undertaken, for example where taps have been left running causing flood damage.

6.4.6 We’ll never use or threaten force to gain access in the presence of an occupier who is resisting entry as this might amount to a criminal offence under Section 6 of the Criminal Law Act 1977. In this situation, the police should be called to assist with entry.

6.4.7 Otherwise, we will only attempt forced entry where it has been ordered in a county court injunction order. The order would typically state the reason for the forced entry, such as completing the [gas] access inspection and required works only and nothing else, and that for the avoidance of doubt force may only be used against the property and not against any person.

6.4.8 If force is used to enter the property (without any term being ordered in an injunction order and other than in extreme situations), we’ll take photographs or video of our time spent in the property to avoid any allegations of criminal damage or theft.

6.5 Refusal of access during works

6.5.1 In cases where a customer initially provides access but then later refuses, the Neighbourhood Manager will review what action to take following the process outlined above. It may be the case that only a solicitor warning letter is required depending on the situation. Consideration will be given to the urgency and way access has been refused, with consideration for the customer’s health and safety.

6.5.2 In cases where there’s incomplete maintenance or upgrade work which could cause personal injury or damage to the customer or a neighbour, we consider this an emergency and reserve the right to rely on emergency access to the property as set out under Section 4.5 to make it safe.

6.6 Help and assistance

6.6.1 One Manchester will consider any special circumstances that customers may have which could affect their ability to provide access to carry out essential inspections, repair, maintenance, fire/building safety works, and upgrade works. Where it’s identified that a customer has a mental or physical health condition which would prevent work from taking place, we’ll work with the customer to find a solution. We’ll make referrals for support internally and externally to other agencies where relevant.

7.0 Responsibility

The Director of Customers is responsible for making sure this policy complies with legislative requirements.

8.0 Equality and diversity

8.1 One Manchester is committed to making sure that no person or group of persons will be treated less favourably than another person or group of persons.

8.2 An Equality Impact Assessment has been carried out and it has been assessed that this policy will have a neutral impact on the nine protected characteristics which are Age, Disability, Gender, Race, Gender Identity, Sexual Orientation, Pregnancy and Maternity, Marriage and Civil Partnership, Religion and/or Belief.

8.3 One Manchester demonstrates its commitment to diversity and promoting equality by making sure this policy is applied in a manner that is fair to all
sections of the community, considering the protected characteristics identified under the Equality Act 2010 and following its ‘Fairness for All’ Single Equality
Scheme.

9.0 Monitoring, review and evaluation

9.1 The implementation of this policy will be monitored and audited in line with all current guidance.

9.2 In monitoring this policy, we’ll:

• update this policy following changes in legislation or working practices and a full review will be completed every three years;
• keep up-to-date and accurate records of all decisions relating to legal and enforcement action.

9.3 Until a new policy is formally adopted this document will remain in force and operational.

9.4 This policy will be reviewed under the policy review programme agreed by the Leadership team.

9.5 If there are significant changes to legislation or regulation, or deficiencies or failures are found in this policy because of complaints or findings from any independent organisations, the Leadership team will start an immediate review.

10.0 Legislation and link to other documents

• Housing Act 1985
• Housing Act 1988
• Landlord and Customer Act 1985 which contains an implied obligation on a customer to provide access to inspect in Section 11
• Equality Act 2010
• Tenancy Management Policy
• Adult Safeguarding Policy
• Adult Safeguarding Policy
• Gas Policy
• Electrical Policy
• Lifts Policy
• Asbestos Policy
• Health and Safety Policy
• Reasonable Adjustments Policy

11.0 Approval

11.1 Changes to this policy will be approved by the Leadership team, otherwise any other amendments may be approved by the Director of Customers.