426.This section makes provision for a duty holder for a relevant HMO to apply to a residential property tribunal for a non-residential premises access order in certain circumstances. These are that the duty holder has requested entry to the non-residential premises, the request is made for a purpose mentioned in subsection (2) and entry to the premises is not given. The request must also comply with the requirements in subsection (3), in relation to enabling access to non-residential premises that are above or below a relevant HMO, where certain criteria are satisfied.
427.The non-residential premises to which this section applies are referred to in the section as “relevant premises”. This term is defined in subsection (8).
428.A non-residential premises access order is an order that requires the person who has control over entry to the relevant premises to allow the duty holder to enter the premises at a reasonable time for the purpose set out in the request.
429.The tribunal may make a non-residential premises access order if it is satisfied that it is necessary to do so for the purpose set out in the request (subsection (6)).
Commentary on Sections Entry to non-residential premises Section 90 - Entry to non-residential premises by duty holder