Primary right of occupier bearing owner's liability
249 Primary right of occupier bearing owner's liability
If an occupier is compelled under this or any other Act to do any work or pay any money which ought primarily to be done or paid by the owner or does any work pursuant to section 248 – the expense of the work or the money paid is to be repaid to the occupier by the owner; and the occupier may deduct the amount out of the rent or other money becoming due to the owner.
If any money leviable by distress for which, as between owner and occupier, the owner is wholly liable, has been demanded from the occupier by the council, the occupier is entitled to recover from the owner double the value of the goods so sold with costs as between solicitor and client if – the occupier does not owe any rent or other money in respect of the occupation and has given notice of the demand to the owner; and the occupier's goods are distrained or seized and sold for the satisfaction of the money demanded.
This Act’s bill:Explanatory notesSecond reading speech
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