Personally I just can’t see how the fire authority could use the argument that an FRA is not suitable and sufficient when the FRA relates to the common parts only as access could not be gained to private accommodation. The sending of letters to occupants asking for permission for entry and then going down the court route to gain entry is a non starter as far as I’m concerned.
I believe all an owner (responsible person) needs to do is show due diligence and demonstrate that all practical measures have been taken as detailed in Article 33.
Any FRA in such premises should have a section detailing the limitations and scope of the FRA i.e. areas not accessed, in this case the private accommodation and include a general statement such as below with a view to giving specific details for each individual premises.
"In any building there will be elements of structure or design features that may have been obscured by the fabric of the building e.g. enclosed by plasterboard, flooring etc. Therefore, it may not have been possible to comprehensively survey such features at the time of the assessment.
Whether or not a full plan history or an audit trail of alterations, extensions, internal re-configurations or other works are available it may never be possible to fully assess a buildings framework/structure without invasive investigations e.g. removal of plaster, the lifting of floorboards or the breaking open of voids all of which are outside the principles of the Fire Safety Order and terms and conditions of the fire risk assessment."