424.A duty holder for a relevant HMO may need access to a specified part of the HMO to be able to comply with certain duties i.e. their duties in respect of HMO fire risk assessments (where they are the landlord) and their duties in respect of the management of the fire safety risks. Subsection (3) sets out what must be included in a request for access for it to comply with this section i.e. it must be in writing, setting out the purpose, explain why entry to the specified part is needed, request entry on a date and time that is reasonable and give at least 48 hours’ notice.
425.Should access to the specified part not be given (and all the other criteria in subsection (1) are complied with, and subsection (5) is complied with) then the duty holder may apply to the residential property tribunal for an HMO access order. The tribunal may make an HMO access order if it is satisfied it is necessary to do so for the purposes set out in the request. If made, the order will require the occupier of the specified part to allow the duty holder to enter the specified part of the HMO at a reasonable time for the purpose set out in the request and may if necessary for that purpose authorise certain other actions (subsection (6)(b)). See also subsection (8) for requirements as to timings. Before applying to the residential property tribunal, the duty holder must notify the fire safety authority in writing of their intentions and the notice must contain certain information (subsection (5)).
Commentary on Sections Duties of occupiers of relevant HMOs Section 89 - Entry by duty holders for purposes of assessing and managing fire safety risks