Rights against owner enforceable against occupier
245 Rights against owner enforceable against occupier
If the owner of land is primarily liable to pay the council any amount of money, the occupier of the land is liable to pay the council that amount.
Unless the occupier refuses to disclose the amount of rent and the name and address of the person to whom it is payable, the occupier is not required under subsection (1) to pay any greater amount than the amount of the rent – for the time being due; or which became payable after demand by the council without first deducting the amount demanded.
The burden of proving that he or she is not liable by reason of subsection (2) to pay the full amount lies on the occupier.
The person entitled to receive the rent from the occupier is to allow the occupier to withhold any money which is recoverable under this section.
The council's receipt is a good discharge of the occupier's liability to pay the rent.
In this section rent means rent-service.
This Act’s bill:Explanatory notesSecond reading speech
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