Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Relevant owner | ||
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9. (1) For the purposes of this Act, other than in Chapter 2 of Part 3 , “relevant owner” shall be construed in accordance with this section. | ||
(2) A relevant owner is an individual who owns, whether jointly or not, a relevant dwelling and— | ||
(a) became an owner of the dwelling prior to 31 January 2020, | ||
(b) inherited the dwelling on or after 31 January 2020, or | ||
(c) subject to subsection (4), purchased the dwelling on or after 31 January 2020. | ||
(3) In order to be a relevant owner under subsection (2), the individual referred to in that subsection— | ||
(a) subject to subsections (5) and (6), uses the dwelling as his or her principal private residence, or | ||
(b) was the landlord of a tenancy of the dwelling which stood registered in the residential tenancies register on or before 1 November 2021. | ||
(4) An individual who purchased a relevant dwelling on or after 31 January 2020, other than a dwelling in respect of which a letter of assurance has been issued, shall not be a relevant owner where he or she knew or ought to have known that defective concrete blocks were used in the construction of the dwelling. | ||
(5) An individual shall be deemed to use a dwelling as his or her principal private residence where he or she so used the dwelling but ceased to do so due to damage to the dwelling caused by the use of defective concrete blocks in its construction. | ||
(6) Where more than one individual owns a relevant dwelling, and at least one of the individuals use the dwelling as his or her private residence for the purposes of subsection (3)(a), any other of the individuals who do not use the dwelling as his or her principal private residence shall be deemed to have complied with subsection (3)(a) for the purposes of this Act. | ||
(7) An individual deemed under subsection (6) to have complied with subsection (3)(a) in relation to a relevant dwelling shall not be precluded on that basis from being a relevant owner of a different relevant dwelling. |