Housing Improvement Act 2016

If action has been taken in relation to residential premises by the

Minister either on non‑compliance with the requirements of a housing assessment order, housing improvement order or housing demolition order or in pursuance of such an order, the Minister may recover, in accordance with this section, the reasonable costs and expenses incurred by the Minister in taking that action as a debt from the person to whom the order was issued.

If—

a housing assessment order, housing improvement order or housing demolition order has been registered in relation to land under section 16; or

the registration of a housing assessment order, housing improvement order or housing demolition order in relation to land has been cancelled under that section, the Minister may recover, in accordance with this section, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be) as a debt from the owner of the residential premises at the time of registration or cancellation.

If an amount is recoverable from an owner by the Minister under this section, the following provisions apply:

the Minister may, by notice in writing to the owner, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the owner, and, if the amount is not paid by the owner within that period, the owner is liable to pay interest charged at the prescribed rate per annum on the amount unpaid;

if the relevant order is registered under section 16, the unpaid amount together with any interest charge payable under paragraph (a) is, until paid, a charge in favour of the Minister on the land owned in relation to which the order is registered;

if the premises to which the relevant order applies are occupied under a residential tenancy agreement, the unpaid amount together with any interest charge payable under paragraph (a) may be recovered in the form of rent as follows:

the Minister may recover the amount by giving notice in the prescribed form to the tenant requiring the tenant to pay rent to the Minister, for a specified period or until the debt has been satisfied;

if the tenant fails to pay rent to the Minister in accordance with the requirements of the notice, the Minister may, in respect of any amount in arrears, exercise all remedies that would otherwise be enforceable by a landlord against a tenant for recovery of rent in arrears;

the Minister may, by further notice in writing to the tenant vary or revoke a notice given under subparagraph (i);

the Minister must give notice in writing to the landlord of any action taken by the Minister under this subsection.

A landlord who is given notice under subsection (3)(c)(iv) must ensure that any rent received by or on behalf of the landlord in respect of the premises is forwarded to the

Minister within 14 days. Maximum penalty: Maximum penalty: $2 500. Expiation fee: $210.

Any amount recovered under subsection (3)(c) will be set‑off against the debt applying under subsection (1).

A charge imposed on land by this section has priority over—

any prior charge imposed on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and

any other charge on the land other than a charge registered prior to the registration of the housing assessment order, housing improvement order or housing demolition order in relation to the land.

If any default is made in payment of an amount that is, by virtue of this section, a charge on land in favour of the Minister, the Minister has the same powers in respect of the land charged as are given by the

Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage.