Social landlord Southern Housing has been told by Bromley County Court that it cannot force entry into a tenant’s home to carry out a gas safety inspection.

The housing association had asked for an adjustment to a current injunction that obliged the tenant to allow access for an inspection.

With the tenant refusing access, Southern requested a clause which would allow forced entry, on the grounds that enforcement through contempt proceedings would not guarantee compliance with safety regulations.

As the tenant had an assured tenancy, Southern does not have the power to enter the property without permission.

District judge Philip Cridge dismissed the social landlord’s application and highlighted that any power to access a residence forcibly must come from express statutory authority or established common law.

The judge wrote: “Trespass into a home, including breaking a lock, is a tortious wrong and potentially a criminal offence.

“After all, if the King of England and all his force dares not cross the threshold into a citizen’s home, it is difficult to see how a judge can permit it in the absence of a law to that effect.”

In a statement, 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.

“We, along with other social landlords, have previously lobbied the government to strengthen the legal framework that enables us to fulfil such safety obligations. While we’re currently reviewing the judgment and considering our position, it does not constitute binding precedent.”