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Coal Mining Subsidence Act 1991

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This is the original version (as it was originally enacted).

Alternative living accommodation

5(1)This paragraph applies where, in pursuance of paragraph 2(1)(a) above, the Corporation have made alternative living accommodation available to a resident.

(2)The Corporation shall be entitled to possession of the accommodation so made available—

(a)in a case falling within paragraph 3(1)(b) above, at the expiration of the period of six months there mentioned; and

(b)without prejudice to any obligations of the Corporation under paragraph 2(1) above or to the provisions of paragraph 4(4) above, at any time not less than one month after the Corporation have given notice to the resident in question of their intention to take possession.

(3)Where notice is given under sub-paragraph (2)(b) above, the obligations of the Corporation under paragraph 2(1) above shall continue until the expiration of the month mentioned in that sub-paragraph, or such longer period as may be specified in the notice, notwithstanding that the period of dispossession may have expired.

(4)Subject to sub-paragraphs (6) and (7) below, the Corporation shall be entitled to recover as a civil debt from the resident in question any amount by which the aggregate expenditure incurred by him by way of rent is less than it would have been if the subsidence damage had not occurred and he had continued to reside in the dwelling-house.

(5)Subject to sub-paragraph (6) below, the Corporation shall be under an obligation to pay to the resident in question—

(a)any amount by which the aggregate expenditure incurred by him by way of rent is greater than it would have been if the subsidence damage had not occurred and he had continued to reside in the dwelling-house; and

(b)any amount by which he shows that the aggregate expenditure reasonably incurred by him by way of food, living accommodation (other than rent), heating, light and other household expenses is greater than it would have been in those circumstances.

(6)In any case where the Corporation—

(a)are entitled to recover an amount by virtue of sub-paragraph (4) above; and

(b)are under an obligation to pay an amount by virtue of sub-paragraph (5)(b) above,

the two amounts shall be set off one against the other and extinguished or reduced accordingly.

(7)The Corporation shall not be entitled to recover any amount under sub-paragraph (4) above in excess of the amount which would have been payable by way of rent for the alternative living accommodation if it had been provided by the local authority.

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