Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
|
Charging orders | ||
|
31. (1) The designated local authority shall make an order charging a relevant dwelling in the terms specified in this section as soon as practicable after the designated local authority makes the final part payment of a remediation option grant, or a payment of the whole of a remediation option grant under section 18 , or, if later, the final payment of an ancillary grant under section 22 , to a person who is a relevant owner by virtue of section 9 (3)(b) (in this Chapter referred to as a “relevant owner”). | ||
(2) Subject to subsection (3) a charging order shall create a charge over the relevant dwelling in favour of the designated local authority in the amount of the aggregate of all the payments made to the relevant owner in respect of the relevant dwelling under sections 18 and 22 . | ||
(3) A reduction equal to 5 per cent of the charged amount (in this Chapter referred to as an “incremental release”) shall be applied to the charged amount on each anniversary of the relevant date (in this Chapter referred to as the “anniversary”) where a relevant event has not occurred on the anniversary in accordance with section 32 (2). | ||
(4) The relevant owner shall provide the following evidence that a relevant event has not occurred on the anniversary to the designated local authority not more than 28 days after each anniversary: | ||
(a) evidence that the relevant owner owned the relevant dwelling on the anniversary; | ||
(b) evidence— | ||
(i) that the relevant owner was, on the anniversary, the landlord of a tenancy of the relevant dwelling registered on the residential tenancies register, or | ||
(ii) that one of the exceptions referred to in section 32 (3) applied; | ||
and | ||
(c) an affidavit verifying the evidence referred to in paragraphs (a) and (b). | ||
(5) The designated local authority shall consider the evidence and affidavit provided under subsection (4) and may carry out, with the consent of the relevant owner given pursuant to section 13 (2)(a)(xi), such inspections of the relevant dwelling as it considers necessary for the purposes of determining whether an incremental release shall apply under subsection (3), and shall notify the relevant owner where an incremental release applies. | ||
(6) Subsection (1) shall not apply in relation to a second grant. |