Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Failure or cesser of incremental release | ||
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33. (1) The incremental release shall not, subject to subsection (2), apply on the anniversary and no further incremental increases shall apply where— | ||
(a) a relevant event occurs or has occurred on an anniversary in accordance with section 32 (2). | ||
(b) the relevant owner fails to comply with section 31 (4), or | ||
(c) the designated local authority determines that the information provided in purported compliance with section 31 (4) is false or misleading, or the relevant owner was reckless as to whether it was false or misleading, in a material particular. | ||
(2) Where a relevant event occurs or has occurred on an anniversary, but for a number of days during the year preceding the anniversary the relevant event had not occurred, the incremental release shall apply but the amount of the release referred to in section 31 (3) shall be reduced in proportion to the number of days in that year after which the relevant event had occurred. | ||
(3) For the purposes of subsection (2), where the landlord was not, on a number of occasions in the year preceding the anniversary a landlord of a tenancy of the dwelling which was registered on the residential tenancies register, the number of days secondly referred to in subsection (2) shall be taken to be the number of days following the date in that year on which the relevant event last occurred. | ||
(4) Where subsection (1) applies, the designated local authority shall notify the relevant owner of— | ||
(a) that fact, and the reasons for it, and | ||
(b) that the charged amount or reduced charged amount, as the case may be, is due and payable. | ||
(5) The designated local authority shall not make a determination that the information provided to it in purported compliance with subsection (1) is false or misleading in a material particular, or that the relevant owner was reckless as to whether it was false or misleading in a material particular, unless it has given reasonable notice of its intention to do so to the relevant owner and given the relevant owner the opportunity to make representations in relation to that intention. |