Prospective

PART 2 E+W FIRE SAFETY IN CERTAIN HOUSES IN MULTIPLE OCCUPATION

Duties of occupiers of relevant HMOs E+W

89 Entry by duty holders for purposes of assessing and managing fire safety risks E+W

(1) This section applies where—

(a) a duty holder for a relevant HMO makes a request for entry to a part of the relevant HMO specified in the request (“the specified part”),

(b) the request is made to an occupier of the specified part who is aged 18 or over,

(c) the request is made for a purpose mentioned in subsection (2),

(d) the request complies with subsection (3), and

(e) entry to the specified part is not given.

(2) The purposes are enabling the duty holder—

(a) to comply with sections 81 to 84 or regulations made under those sections (assessment of fire safety risks), where the duty holder is the landlord of the relevant HMO;

(b) to comply with section 85 or regulations made under it (management of fire safety risks).

(3) A request complies with this subsection if it—

(a) is in writing,

(b) sets out the purpose for which it is made,

(c) explains why it is necessary to enter the specified part of the relevant HMO for that purpose,

(d) requests entry on a date, and at a time, that is reasonable, and

(e) is given to the occupier at least 48 hours before then.

(4) The duty holder may apply to a residential property tribunal for an HMO access order.

(5) But a duty holder may not apply for an HMO access order unless the duty holder has given to the fire safety authority for the relevant HMO a notice setting out the intention to apply for such an order in respect of the occupier and the relevant HMO (both of which must be specified in the notice).

(6) An HMO access order is an order that—

(a) requires the occupier to allow the duty holder to enter the specified part of the relevant HMO at a reasonable time for the purpose set out in the request under subsection (3)(b), and

(b) if necessary for that purpose, authorises the person entering the specified part in accordance with the order to measure or test anything, or take samples, photographs or recordings.

(7) A residential property tribunal may make an HMO access order if satisfied that it is necessary to do so for the purpose set out in the request under section (3)(b).

(8) An HMO access order must specify a date on which, or a period within which, entry to the specified part of the relevant HMO may be made.

Commencement Information

I1 S. 89 not in force at Royal Assent, see s. 138(2)