warrant to enter premises - help

[oddball]

Hi, Is there anything that can be done to stop a Magistrates order to enter premises on 8th September to carry-out a gas check/smoke alarm test.
The person this involves passed away on 1st August and the local Borough sent a letter on 15th August followed by a remote Court Hearing on 31 August.
The premises have been vacant since several weeks before he died (1st August) as he was either in hospital and then moved to a Care Home. The funeral took place on 24th August. No one else lives there and his adulrt children have had a lot to contend with arranging the funeral as well as trying to clear the premises considering they live quite a distance from his premises.

Can anyone please suggest anything please. It seems a bit harsh to me that the Borough Council cannot wait a week or so until they have managed to clear his belongings. Thank you.

[dslippy]

What advantage comes from a delay?

[efpom]

It is the landlord's statutory duty to perform an annual gas safety check. For a landlord to have to obtain a warrant of entry indicates that the landlord has been obstructed by the tenant over a lengthily period from performing his statutory duty.

To answer the question, an appeal is by way of case stated to the High Court - Magistrates Courts Act 1980 s.111
https://www.legislation.gov.uk/ukpga...43/section/111

[islandgirl]

Ring the council and rearrange the time given the circumstances? Set a new definite date? I expect the order does not have to be executed on that exact day but will remain live. Efpom is absolutely correct. Other than the stress, the check going ahead should cause no issues for the family with whom our sympathy lies of course

[oddball]

What advantage comes from a delay?

There is no one living there, the delay would help my daughters to empty the premises of the deceased effects. I'm assuming if they break in they will leave the door open?

[oddball]

It is the landlord's statutory duty to perform an annual gas safety check. For a landlord to have to obtain a warrant of entry indicates that the landlord has been obstructed by the tenant over a lengthily period from performing his statutory duty.

To answer the question, an appeal is by way of case stated to the High Court - Magistrates Courts Act 1980 s.111
https://www.legislation.gov.uk/ukpga...43/section/111

I dont know th answer to this, just that the gentleman has spent several times in hospital and a Care Home and was deceased when they sent the letter. Before the hospital stays he was completely confused due to taking the incorrect medicine for his condition.

[atticus]

Have you tried discussing this with the landlord? How much of what you have just said about the now deceased tenant did the landlord know?

[oddball]

Yes they were phoned. Sorted now after phoning person on the last letter and they sincerely apologised saying "the left hand didn't know what the right hand was doing" .

[atticus]

So often communication is the key!