Part IIIE+W+S Additional Remedies

Dwelling-houses rendered uninhabitable etc.E+W+S

23 Relief for temporary dispossession.E+W+S

(1)Where a dwelling-house is affected by subsidence damage, Schedule 5 to this Act (which confers on any person temporarily dispossessed of the dwelling-house a right to certain relief) shall apply as respects any period during which the requirements of subsection (2) below are satisfied.

(2)The requirements of this subsection are satisfied if—

(a)by reason of deterioration due to the subsidence damage in the condition of the dwelling-house, and having regard to the time which will be required to remedy that deterioration, the dwelling-house is not in a reasonably fit state for it to be used as such; and

(b)the dwelling-house is not used as such by or with the authority of the person who immediately before the deterioration in its condition was entitled to possession of it.