Judge’s ruling on forced entry risks ‘undermining’ essential safety work, says Southern Housing

Southern Housing has expressed its “disappointment” at a recent ruling in Bromley County Court which said it could not force entry to a home for a gas safety check.

The 80,000-home housing association had already received an injunction earlier this year requiring a tenant in a large block in East Dulwich to provide access.

When the tenant failed to comply with the injunction, Southern sought permission from the court to force entry in order to conduct the test, but this was rejected in a recent decision.

District Judge Cridge ruled that he did not have the power to give such permission, concluding that the sanctity of the home was “deeply embedded in our law” and that Civil Procedure Rules cannot be used to circumvent that principle.

“No judge has power to make an order permitting a landlord to force entry into their tenant’s home by way of enforcing an express or implied contractual right of access,” he said.

In a statement provided to Housing Today, a spokesperson for Southern said: “We’re disappointed by the recent court ruling denying access for essential gas servicing at one of our homes. 

“We sought access in line with our responsibilities as a landlord to uphold safety standards, obligations we take extremely seriously. This access is not only vital for the safety of the individual resident but also for the protection of neighbouring households. 

“Judgments such as this are unhelpful and risk undermining the work we do to maintain safety in our homes.”

In his ruling, Cridge acknowledged that the remedies available to the housing association, contempt of court or possession proceedings against the tenant, were “slow and expensive”, but said that “reform of the law on this question is a matter for Parliament, not the courts”.

Southern’s spokesperson said that it, along with other social landlords, had “previously lobbied government to strengthen the legal framework that enables us to fulfil such safety obligations”. 

As Cridge acknowledged in his judgement, other judges “do make orders permitting forced entry”. He suggested that it “may be desirable for a more senior court to provide authoritative guidance”.

Southern’s spokesperson noted that the decision “does not constitute binding precedent” and said it was “currently reviewing the judgment and considering our position”.

“We’re also mindful of our charitable aims and prolonged legal disputes are not the most efficient use of our resources,” it added. “Our commitment to protecting our residents remains our top priority.”