No Access Policy
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| Title | No Access Policy | |
| Lead Officers | Homes in Somerset: Sarah Mees Somerset Council: Julie Sabey | |
| Position | Homes in Somerset Housing Manager Somerset Council Case Management Lead | |
| Department/ Section | Homes in Somerset Communities and Customer Service Somerset Council HRA Tenancy Management | |
| Contact details | Email: Sarah.Mees@homesinsomerset.org Email: Julie.Sabey@somerset.gov.uk | |
| Document control | Date | Comments/key changes |
| Version 1 | February 2026 | This is the first joint No Access Policy |
| Customer Policy Group (Consultative Involved Customer Group) | 13/11/25 | updated to add in additional reasons for access.updated to state we will investigate why appointments have been missed before applying a recharge. 5.2 updated to state that we will give as much notice as possible if we are unable to attend an appointment. |
| HiS SLT | 11/25 | Approved |
| SC HRA Management Team | 02/26 | Approved |
| Policy Governance Board | 26/11/25 | Approved |
| HiS Executive Team (T1 and T2) | 16/12/25 | Approved |
| STAC / TSG | 5/3/26 30/03/26 | Approved |
| HiS Board | N/A | For T1 only |
| Review by Lead Member for the HRA | 21/01/25 | For T1 and T2 only |
| Somerset Council Executive Committee (T1 only) | N/A | For T1 only |
| Approved Version Issued | February 2026 | |
Introduction
As a landlord, we must be able to access our properties when inspection or repairs and maintenance are required. Tenants and leaseholders are required, as per the terms of their tenancy or lease agreement with us to allow us access, so that we can carry out our duties as a landlord.
This policy outlines:
- The reasons we may need access to our homes.
- Our approach to gaining access.
- The approach we will take if we cannot get access.
This policy applies to all properties owned by Somerset Council and managed by Homes in Somerset and the in-house service.
Responsibilities
To ensure accountability and adherence, the following roles have direct responsibility for compliance with this policy as follows :
Strategic Responsibility Executive Directorate Lead
Director of Communities and Customer Service /
Director of Asset Management, Safety and Development
Operational Responsibility Head of Service
.
Statement of Intent
This policy aims to:
- Ensure that our homes are compliant with legislation and regulation.
- Provide clarity on the reasons we may need to access one of our properties and the steps we will take to do this.
- Set out our approach to cases where we are unable to gain access.
Relevant Legislation or Regulation
- Housing Act 1985
- Housing Act 1996
- Equality Act 2010
- Localism Act 2011
- Housing and Regeneration Act 2008
- Gas Safety (Installation and Use) Regulations 1998
- Gas Safety (Management) Regulations 1996
- Homes (Fitness for Human Habitation Act) 2018
- Landlord and Tenant Act 1985
- Defective Premises Act 1972
- Health and Safety at Work Act 1974
- Electrical Equipment (Safety) Regulations 1994 and the Plugs and Sockets (Safety) Regulations 1994
- Decent Homes Standard
- Equality Act 2010
- Environmental Protection Act 1990
- The Hazards in Social Housing (Prescribed Requirements) (England) 2025 – Awaab’s Law
- Regulator of Social Housing Consumer Standards
- Social Housing Regulation Act 2023
- Data Protection Act 2018
Policy Details
- Reasons for Access
There are many reasons we may need to access our properties including to:
- Inspect the condition of the property.
- Conduct a Stock Condition Survey
- Carry out the servicing of electrical or gas appliances.
- Carry out gas and electrical safety tests.
- Complete an asbestos survey, as and when necessary.
- Complete a repair (routine or emergency).
- Inspect or carry out works as part of a legal disrepair claim.
- Ensure main components such as kitchens, bathrooms, windows doors, roofs are renewed or maintained on a cyclical basis.
- Address any serious health and safety issue within the home, including a category 1 or category 2 hazard defined by the Housing Health and Safety Rating System (HHSRS).
- Make safe or remedy an emergency or significant hazard defined by
Awaab’s Law.
- Investigate a breach of tenancy.
- Discuss a tenancy issue.
- Respond to a concern for welfare.
Facilitating Access
Our tenancy and lease agreements detail the rights and responsibilities
of our tenants and leaseholders to provide us and our contractors reasonable access to their home.
In non-emergency cases, where we require access, we will agree a mutually convenient time for us or our contractors to visit, giving a minimum of 48 hours’ notice. We may write with an appointment, phone, email or text.
We will take the known needs and vulnerabilities of the household into account when trying to facilitate access, adapting our process accordingly and we will make reasonable adjustments where necessary.
Where we know the tenant or leaseholder has support needs and is working with other agencies, we may approach them to help us gain access.
Tenants and leaseholders are required to provide access at the appointed time, unless they have let us know that they are unable to keep to an appointment.
To enable us and our contractors to carry out repair work safely, tenants are responsible for removing their belongings to provide a clear environment to work in.
In cases where several appointments are missed, we will seek to understand the reasons why and we may apply a recharge to the tenant or leaseholder to cover the cost of staff time or the contractor call out fee, in line with our Recharge Policy.
We commit to giving as much notice as reasonably possible if we are unable to attend an appointment.
Urgent Access
In some circumstances we may need to gain immediate access to properties where there is a reasonable assumption that there is a threat to the health and safety of our residents.
We will only ever enter your home without permission in exceptional circumstances where there is, for example:
- An identified serious health and safety risk such as a gas escape.
- Likely to be damage to the building if we do not act immediately (a large uncontainable leak for example).
- A serious concern for welfare of someone living in the property.
In these instances, we will:
- Ensure the property is left safe and secure.
- Take follow up steps to try and update the occupants.
- Take photographic or video evidence by means of an inventory. This will be used in line with our Privacy Notice Housing Directorate Privacy Notice
No Access
Where access attempts are unsuccessful, we will attempt to understand why tenants cannot or will not provide access and will work with them to find a solution. In many cases the measures we take, do result in us gaining access.
Where a solution cannot be found, we will take robust action through an escalation process to exercise our landlord duties, including:
- Applying for an injunction from the court to enforce access.
- Serving a Notice of Seeking Possession for breach of tenancy and applying to the court to bring the tenancy to an end.
Before taking legal action, we will issue warnings which outline the consequences of not allowing us access.
We will only pursue legal action when all other attempts at contact and access by agreement have been exhausted.
Communication of the Policy
We will ensure that the policy is made available to our residents on our websites and in other formats if requested.
All front-line colleagues involved in managing access issues will receive training on the policy and associated procedures.
We will communicate the policy and our access procedures with our contractors, so they know how to manage cases of no access.
Complaints
A complaint is any expression of dissatisfaction about our service, actions, or lack of action that affects a resident. We are committed to handling complaints in line with the Housing Ombudsman’s Complaint Handling Code.
All complaints about our approach to Accessing our homes or the
application of this policy will be investigated in line with our formal complaints policies.
Equality, Diversity and Inclusion Impact
We are committed to working in a way that treats people equitably, celebrates diversity, and promotes inclusivity – because we believe this builds a better society for all. We believe this approach will help our leaders make good decisions; enable us to serve our customers better; ensure we are a great employer and shape the way we engage with our communities. This approach will also help us to meet the legislative requirements under the Equality Act 2010, including our Public Sector Equality Duty.
We may adapt our approach or provision to ensure that services are accessible to people with a protected characteristic (as defined by the Equalities Act 2010) as well as everybody else. This will be in line with our Customer Support and Reasonable Adjustments Policy.
We will be consistent in our approach to resolving access issues and treat all customers who access our service in a fair and transparent manner allowing for reasonable adjustments as necessary. We will offer appropriate support to all residents and consider any sensitive or special needs. Consideration will be given to sign-posting customers to suitable agencies for additional support and guidance.
Where necessary, additional support will be provided, such as translation of documents or the use of language line for example.
Monitoring Performance Metrics (what is measured to demonstrate adherence)
- % of scheduled visits where access was gained on first attempt
- Number of cases proceeding to legal notice or injunction (Quarterly)
- Average days to resolve a no access case from first failed appointment to successful access or escalation
Policy Review
This policy will be reviewed every three years or sooner if there are changes to regulation or legislation.
Associated Policies and Procedures
- Somerset Council Tenancy Agreement
- No Access process
- Tenancy Policy
- Repairs and Maintenance Policy
- Legal Disrepair Policy