South Australian Consolidated Acts

HOUSING IMPROVEMENT ACT 1940 - SECT 70

70—Power to occupier or registered mortgagee to do matters ordered to be done by owner

        (1)         Where by or under this Act the owner of any house is required to do any act, matter or thing or execute any works, and such owner fails or refuses to do such act, matter or thing, or execute such works, the occupier of the house or any registered mortgagee of the land on which the house is situate may do such act, matter or thing, or execute such works.

        (2)         Any expenses thereby incurred by any such occupier—

            (a)         shall be recoverable by the occupier from the owner as money paid to the use of the owner; or

            (b)         may be deducted by the occupier from or set off against any rent then due or thereafter at any time to become due to the owner,

notwithstanding any covenant or agreement whatsoever to the contrary.

        (3)         Any expenses thereby incurred by any such mortgagee—

            (a)         shall be recoverable by the mortgagee from the owner as money paid to the use of the owner; or

            (b)         on notice in writing to the mortgagor by the mortgagee, shall be deemed to be added to the principal sum owing under the mortgage, and until repaid shall bear interest at the same rate and payable at the same times as is provided in the mortgage for the payment of interest on the principal sum owing under the mortgage,

notwithstanding any covenant or agreement whatsoever to the contrary. The provisions of this subsection shall apply notwithstanding the provisions of the Real Property Act 1886 .