Health Act 1956

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53A Mortgagee may do acts required of owner

  • (1) Where, by or under any of sections 41, 42, 44, and 46 of this Act, the owner of any dwellinghouse or other premises is required to do any act or thing, and the owner fails or refuses to do that act or thing, any mortgagee of the land on which the dwellinghouse or other premises is situated may do the act or thing.

    (2) Notwithstanding any covenant or agreement to the contrary, any expenses incurred by any mortgagee pursuant to this section shall be recoverable by the mortgagee from the owner as a debt due to the mortgagee by the owner.

    (3) Without limiting subsection (2) of this section, on notice in writing to the mortgagor by the mortgagee, any such expenses incurred by the mortgagee shall be deemed to be added to the principal sum owing under the mortgage and to be secured thereby; and, if the mortgagor is not the owner, the amount so deemed to be added shall be recoverable by the mortgagor from the owner as a debt due to the mortgagor by the owner.

    (4) The exercise by a mortgagee of the powers conferred by this section shall not relieve any person from liability to any penalty for failure to comply with the requirements of any of the provisions of this Act specified in subsection (1) of this section.

    (5) In this section the term mortgagee, in relation to a dwellinghouse, means a mortgagee of the land under a mortgage that is registered under the Deeds Registration Act 1908 or the Land Transfer Act 1952, or in respect of which a caveat is lodged with the appropriate District Land Registrar; and includes the holder of any charge on the land that is duly registered pursuant to the Statutory Land Charges Registration Act 1928.

    Sections 53A to 53C were inserted, as from 30 November 1979, by section 4(1) Health Amendment Act 1979 (1979 No 64).

    Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the expression “sections 41, 42, 44, and 46” for the expression “sections 41, 42, 44, 46, 48, and 50”.