Recent developments in the use of EPA 1990 warrants for gas safety inspections
8th September, 2026
The Justices’ Clerks’ Society has recently provided guidance which makes clear that applications for warrants of entry under Schedule 3 of the Environmental Protection Act 1990 to inspect gas appliances (the 'EPA') will no longer be considered.
Schedule 3 EPA Warrants
Local authorities (like all residential landlords) are required to conduct annual inspections of gas appliances in their properties. Where tenants fail to provide access, many local authorities have historically used warrants to access properties in order to inspect gas appliances, on the basis that an inadequately maintained gas appliance may amount to a statutory nuisance.
Under Schedule 3 of the EPA, a local authority can enter a premises to investigate whether a statutory nuisance exists and to take any action required under Part III of the EPA, including applying for a warrant where access has been refused. A Justice of the Peace may then issue an access warrant if satisfied that there are reasonable grounds for entry to determine whether a statutory nuisance exists or whether action should be taken under Part III of the EPA.
The recent challenge arose because the powers under Part III of the EPA are intended for inspecting nuisances, serving abatement notices and prosecuting breaches of abatement notices.
As a result, the only ground under which a local authority may obtain a warrant is to investigate whether a statutory nuisance exists. However – that power of inspection must be taken in the broader context of Part III of the EPA, which is once a statutory nuisance has been identified the local authority can then serve an abatement notice – but of course, that local authority cannot serve an abatement notice upon itself. That rather circular conclusion means a warrant for inspection cannot be for the purpose anticipated by the EPA because it could never lead to the service of an abatement notice.
The guidance does concede that an uninspected gas appliance could be a statutory nuisance – but the mere fact it hasn’t been inspected for 12 months does not mean a Justice of the Peace could reasonably determine that there is a nuisance.
Part 8 Injunctions
Instead, local authorities must now apply to the civil courts to obtain an access injunction, pursuant to Part 8 of the Civil Procedure Rules, to enforce the terms of the tenancy agreement.
The application should be supported by witness evidence explaining the access attempts which have been made and the occasions on which access has not been provided. If the tenant fails to comply with the injunction, the local authority can take further enforcement action.
Social Housing Bill 2026
The issue of “forced access” injunctions (allowing a landlord to access the property if the tenant does not comply with the injunction) remains a thorny one – there are conflicting County Court decisions as to whether or not these provisions can be sought in an injunction. Proposed amendments to the Social Housing Bill would make provision for a statutory framework enabling housing providers to force access to properties to complete periodic safety checks. This would be a change welcomed by all who provide social housing.
If you have any questions, please get in touch with our affordable housing lawyers.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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