419.Subsection (2) applies to an occupier of a relevant HMO who is aged 18 or over, where the HMO is not contained in a regulated building.
420.Subsection (2)(a) provides that an occupier must not in, on or in relation to the relevant HMO do any act that creates a significant risk or significantly increases any existing risk that, if fire breaks out in the HMO, the fire will spread from the HMO. For example, wedging fire doors open for long periods of time or improperly storing combustible materials can all cause a fire to spread from the HMO.
421.Subsection (2)(b) provides that an occupier, must not, without a reasonable excuse, remove, damage, or interfere with the functioning of anything that is in, or forms part of the relevant HMO and is intended to improve the safety of people in or about the relevant HMO in relation to a fire safety risk (defined in section 80).
422.Subsection (4) applies to an occupier of a relevant HMO who is aged 18 or over, whether or not the HMO is in a regulated building. This subsection requires an occupier to comply with certain requests for information i.e. those that meet the criteria in subsection (4)(a) or (b) i.e. made by certain persons and where the information is necessary to enable that person to comply with certain duties (related to the assessment and management of fire safety risks).
423.As a result of section 78(5), the references to a relevant HMO in this section include other areas, such as outbuildings and car parks provided for the occupiers of the relevant HMO.
Commentary on Sections Duties of occupiers of relevant HMOs Section 88 - Occupiers’ duties relating to fire safety risks and provision of information