Building Act 1984

110 Liability of agent or trustee. E+W

[F1 (1)] Where a [F2 local authority] [F2 relevant authority] claim to recover expenses under this Act from a person as being the owner of the premises in respect of which the expenses were incurred, and that person proves that—

(a) he is receiving the rent of those premises merely as agent or trustee for some other person, and

(b) he has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability is limited to the total amount of the money that he has or has had in his hands as aforesaid, but a [F2 local authority] [F2 relevant authority] who are, or would be, debarred by the foregoing provisions of this section from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent.

[F3 (2) In this section “relevant authority” means a local authority or the regulator.]

Textual Amendments

F1 S. 110 renumbered as s. 110(1) (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 70(2); S.I. 2023/993, reg. 2(n)(xxvi) (with reg. 4)

F2 Words in s. 110 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 70(2); S.I. 2023/993, reg. 2(n)(xxvi) (with reg. 4)

F3 S. 110(2) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 70(3); S.I. 2023/993, reg. 2(n)(xxvi) (with reg. 4)

Modifications etc. (not altering text)

C1 Ss. 107-110 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), s. 10(3)-(5)