Housing Improvement Act 2016

If the requirements of a housing assessment order, housing improvement order or housing demolition order are not complied with, any tenant or registered mortgagee or encumbrancee of the premises to which the order applies may take such action required by the order as may be authorised by the

Minister.

An authorisation of the Minister under subsection (1)—

must be in writing; and

may be subject to conditions; and

may be varied or revoked by the Minister at any time.

If action has been taken by a tenant under subsection (1), the reasonable costs and expenses incurred by the tenant in taking that action—

are recoverable by the tenant as a debt from the person to whom the housing assessment order, housing improvement order or housing demolition order was issued; and

may be deducted by the tenant from any rent payable in respect of the premises, despite any covenant or agreement to the contrary.

If action has been taken by a registered mortgagee or encumbrancee under subsection (1), the reasonable costs and expenses incurred by the registered mortgagee or encumbrancee in taking that action, are—

recoverable as a debt from the person to whom the housing assessment order, housing improvement order or housing demolition order was issued; and

in the case of action taken by a registered mortgagee on notice in writing given to the mortgagor—taken, on notice in writing given to the mortgagor, to be added to the principal sum owing under the mortgage, and until repaid, subject to interest at the same rate and payable at the same times as the balance of the amount owing under the mortgage, despite any covenant or agreement to the contrary or the provisions of the Real Property Act 1886.