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Enforcement of notice requiring execution of repairs.
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20.—(1) If a notice under the last preceding section requiring the person having control of the house to execute works is not complied with, then, after the expiration of the time specified in the notice or, if an appeal has been made against the notice and upon that appeal the notice has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal, or of such longer period as the court in determining the appeal may fix, the local authority may enter the house and may themselves do the work required to be done by the notice, or by the notice as varied by the court, as the case may be.
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(2) Where the local authority are about to enter upon a dwelling-house under the provisions of the last preceding sub-section for the purpose of doing any work, they may give to the person having control of the house, and, if they think fit, to any other person being an owner of the house, notice in writing of their intention so to do, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the local authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be deemed to be obstructing the local authority in the execution of this Act and shall be liable on summary conviction to a fine not exceeding twenty pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house.
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(3) Any expenses incurred by the local authority under this section, together with interest, at such rate as the Minister may with the approval of the Minister for Finance from time to time by order fix, from the date when a demand for the expenses is served until payment, may, subject as hereinafter provided, be recovered by them, by action or summarily as a civil debt, from the person having control of the house, or, if he receives the rent of the house as agent or trustee for some other person, then either from him or from that other person, or in part from him and as to the remainder from that other person:
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Provided that if the person having control of the house proves that he—
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(a) is receiving the rent merely as an agent or trustee for some other person; and
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(b) has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the local authority,
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his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.
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(4) In all summary proceedings by the local authority for the recovery of any such expenses, the time within which the proceedings may be taken shall be reckoned from the date of the service of the demand or, if an appeal is made against that demand, from the date on which the demand becomes operative.
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(5) The local authority may by order declare any such expenses to be payable by weekly or other instalments within a period not exceeding thirty years with interest at such rate as the Minister may, with the approval of the Minister for Finance, from time to time by order fix, from the date of the service of the demand until the whole amount is paid, and any such instalments and interest, or any part thereof, may be recovered summarily as a civil debt from the person having control of the house or the occupier thereof and, if recovered from an occupier, may be deducted by him from the rent of the house.
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(6) The amount of any expenses and interest thereon due to a local authority under this section shall be a charge on the premises in respect of which the expenses were incurred, and the local authority shall for the purpose of enforcing that charge have all the same powers and remedies as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
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(7) No action taken under this, or the last preceding, section shall prejudice or affect any other powers of the local authority or any remedy available to the tenant of a dwelling-house against his landlord, either at common law or otherwise.
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