Mobile Homes (Wales) Act 2013

22 Action under section 20 or 21: power to demand expenses E+W

(1) Where a local authority takes action under section 20 or emergency action under section 21, the local authority may impose a charge on the owner of the land as a means of recovering expenses incurred by the local authority—

(a) in deciding whether to take the action,

(b) in preparing and serving any notice under section 20 or 21 or a demand under subsection (6), and

(c) taking the action.

(2) The expenses referred to in subsection (1) include (but are not limited to) the costs of obtaining expert advice (including legal advice).

(3) In the case of emergency action under section 21, no charge may be imposed under subsection (1) until such time (if any) as is determined in accordance with subsection (4).

(4) For the purposes of subsection (3), the time when a charge in respect of emergency action may be imposed is—

(a) if no appeal against the local authority's decision to take the emergency action is brought under section 21(9) within the appeal period under section 23, the end of that period, and

(b) if such an appeal is brought and a decision on the appeal confirms the local authority's decision—

(i) where the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, the end of that period, and

(ii) where an appeal to the Upper Tribunal is brought, when a decision is given on the appeal confirming the local authority's decision.

(5) For the purposes of subsection (4)—

(a) the withdrawal of an appeal against a decision by the local authority has the same effect as a decision on the appeal confirming the local authority's decision, and

(b) references to a decision on the appeal confirming the local authority's decision are to a decision which confirms that decision with or without variation.

(6) The power under subsection (1) is exercisable by serving on the owner of the land a demand for the expenses which—

(a) sets out the total expenses the local authority seeks to recover under subsection (1) (“relevant expenses”),

(b) sets out a detailed breakdown of the relevant expenses,

(c) where the local authority proposes to charge interest under section 25, sets out the rate at which the relevant expenses carry interest, and

(d) explains the right of appeal conferred by subsection (7).

(7) The owner of land who is served with a demand under this section may appeal to a residential property tribunal against the demand (see section 23).

(8) A demand under this section must be served—

(a) in the case of action under section 20, before the end of the period of 2 months beginning with the date on which the action is completed, and

(b) in the case of emergency action under section 21—

(i) before the end of the period of 2 months beginning with the earliest date (if any) on which a charge may be imposed in accordance with subsection (4), or

(ii) if the action has not been completed by the end of that period, before the end of the period of 2 months beginning with the date on which the action is completed.

Commencement Information

I1 S. 22 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(b) (with art. 4)