90Entry to non-residential premises by duty holder(1)

This section applies where—

(a)

a duty holder for a relevant HMO makes a request to a relevant person for entry to relevant premises,

(b)

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

(c)

the request complies with subsection (3), and

(d)

entry to the premises is not given.

(2)

The purposes are—

(a)

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

(b)

enabling the duty holder 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 relevant premises for that purpose, and

(d)

requests entry on a date, and at a time, that is reasonable.

(4)

The duty holder may apply to a residential property tribunal for a non-residential premises access order under this section.

(5)

A non-residential premises access order under this section is an order that—

(a)

requires the relevant person to allow the duty holder to enter the relevant premises 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 premises in accordance with the order to measure or test anything, or take samples, photographs or recordings.

(6)

A residential property tribunal may make a non-residential premises access order under this section if satisfied that it is necessary to do so for the purpose set out in the request under subsection (3)(b).

(7)

The non-residential premises access order must specify a date on which, or a period within which, entry to the premises may be made.

(8)

In this section—

“relevant person” (“person perthnasol”) means any person who has control over entry to the relevant premises;

“relevant premises” (“mangre perthnasol”) means any premises that—

(a)

are wholly or partly above or below the relevant HMO, and

(b)

are not—

(i)

a residential unit or part of a residential unit, or

(ii)

an area, or part of an area, provided for the use, benefit or enjoyment of residents of a particular residential unit, or particular residential units.