South Australian Current Acts South Australian Current Acts19—Action, and recovery of costs and expenses, by registered mortgagee
or encumbrancee or by tenant
(1) If the
requirements of a housing assessment order, housing improvement order or
housing demolition order are not complied with, any tenant or registered
mortgagee or encumbrancee of the premises to which the order applies may take
such action required by the order as may be authorised by the Minister.
(2) An authorisation
of the Minister under subsection (1)—
(a) must
be in writing; and
(b) may
be subject to conditions; and
(c) may
be varied or revoked by the Minister at any time.
(3) If action has been
taken by a tenant under subsection (1), the reasonable costs and expenses
incurred by the tenant in taking that action—
(a) are
recoverable by the tenant as a debt from the person to whom the
housing assessment order, housing improvement order or
housing demolition order was issued; and
(b) may
be deducted by the tenant from any rent payable in respect of the premises,
despite any covenant or agreement to the contrary.
(4) If action has been
taken by a registered mortgagee or encumbrancee under subsection (1), the
reasonable costs and expenses incurred by the registered mortgagee or
encumbrancee in taking that action, are—
(a)
recoverable as a debt from the person to whom the housing assessment order,
housing improvement order or housing demolition order was issued; and
(b) in
the case of action taken by a registered mortgagee on notice in writing given
to the mortgagor—taken, on notice in writing given to the mortgagor, to
be added to the principal sum owing under the mortgage, and until repaid,
subject to interest at the same rate and payable at the same times as the
balance of the amount owing under the mortgage,
despite any covenant or agreement to the contrary or the provisions of the
Real Property Act 1886 .