Coal-Mining (Subsidence) Act 1957

5 (1) Where, in pursuance of paragraph (a) of sub-paragraph (1) of paragraph 2 of 'this Schedule, the Board have made alternative living accommodation available to a resident, the following provisions of this paragraph shall apply.

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

(a) in a case falling within paragraph (b) of sub-paragraph (1) of paragraph 3 of this Schedule, at the expiration of the period of six months mentioned in the said paragraph (b);

(b) without prejudice to any obligations of the Board under the said paragraph 2 or to the provisions of sub-paragraph (2) of the last foregoing paragraph, at any time not less than one week after the Board have served notice in writing on the resident in question of their intention to take possession ;

and where notice is given under paragraph (b) of this sub-paragraph, the said obligations shall continue until the expiration of the said week or such longer period as may be specified in the notice notwithstanding that the period of dispossession may have expired.

(3) The Board 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 and rates is less than it would have been if the subsidence damage had not occurred and he had continued to reside in the dwelling-house, reduced by any amount by which that resident shows that the aggregate expenditure reasonably incurred by him by way of food, living accommodation (other than rent or rates), heating, light and other household expenses is greater than it would have been in the circumstances aforesaid:

Provided that the Board shall not be entitled to recover any amount under this sub-paragraph 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 for the purposes of Part V of the Housing Act, 1936, or for the purposes off the Housing (Scotland) Act, 1950, for the area in which the dwelling-house is situated.