Bromford Housing Association v Robinson: court permits forced entry for electrical inspection

A county court has held that a social landlord can be authorised to force entry to a tenant's home to carry out an electrical safety inspection, siding with one strand of conflicting first instance authority.

In Bromford Housing Association Ltd v Robinson [2026] EWCC 61, Mr Recorder Adrian Jack, sitting in Birmingham, granted an injunction requiring the tenant to allow access, together with a "rolled up" provision permitting entry by force if she did not comply. The judgement was handed down on 14 October. The tenant did not attend the hearing on 9 October.

The landlord last inspected the electrics in September 2021 and sought to carry out the next five-yearly inspection from June 2026. Appointments were missed or refused over several weeks. The tenant cited recent surgery and items blocking the cupboard housing the consumer unit, and offers of support from the landlord's neighbourhood staff did not produce access. After a warning of legal action, the landlord completed a proportionality and Equality Act assessment on 26 August before issuing its claim on 8 September.

A paradox in the new regulations

The landlord's primary argument rested on a tenancy term requiring access to perform obligations imposed by law. That pointed to regulation 3 of the Electrical Safety Standards Regulations 2020, extended to social housing from 1 May 2026. The Recorder identified a difficulty. Regulation 3(2A) and (2B) provide that a landlord who has taken all reasonable steps is not in breach, and that failing to sue for entry does not alone defeat that. On the facts, he observed, the landlord may therefore be under no enforceable duty to inspect, leaving no cause of action on that footing. He declined to resolve the point without fuller argument.

Two alternative routes succeeded. The tenancy's express right to inspect the condition of the home was broad enough to cover the electrics, and section 11(6) of the Landlord and Tenant Act 1985 implies a tenant covenant to permit entry on 24 hours' written notice. The tenant appeared to have no defence, the balance of convenience favoured the landlord, and no cross-undertaking in damages was required because the order would finally resolve the matter if obeyed.

Forced entry and the county court split

Authority on forced entry is divided. HHJ Berley in Sovereign Housing Association Ltd v Hall (2024) and District Judge Cohen in Metropolitan Housing Association v Cifci [2024] EWCC 13 accepted the power exists. District Judge Cridge in Southern Housing v Emmanuel [2025] EWCC 58 held it does not. He relied on Southam v Smout and Morris v Beardmore, and read the "act required to be done" under CPR 70.2A as the tenant's act of allowing access, which a third party cannot perform.

Mr Recorder Jack preferred the contrary view. A mandatory order to give access means the landlord's entry is not tortious, so a tenant whose order is later set aside would look to the cross-undertaking rather than sue in trespass. The earlier cases never involved a householder being ordered to consent, and an order under CPR 70.2A is simply a substitute where that order is disobeyed, in effect court-authorised self-help. He agreed with HHJ Glen in Stonewater Ltd v Harris [2026] EWCC 42 that the core act is enabling the landlord to obtain access, and that a purposive reading is justified because committal and possession proceedings are cumbersome or disproportionate.

Judge Glen had suggested that a rolled up order would not normally be appropriate at a first hearing. The Recorder respectfully disagreed that it should be exceptional. Given the history, the tenant might well ignore the order, and a further hearing would only add cost. He allowed two clear working days between the access date and permitted forced entry, and considered that the tenant's personal circumstances would not be better assessed at a second hearing.

Substituted service by posting at the property was permitted, and costs of £1,722 were summarily assessed in the landlord's favour.