VICIn ForceAct
Local Government Act 1989
185MLiability of occupier to pay cladding rectification charge
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185M Liability of occupier to pay cladding rectification charge
(1) Despite any provision of any existing lease or agreement between an owner of a rateable land which is subject to a cladding rectification charge and an occupier, the occupier is not liable to pay any part of the cladding rectification charge unless the occupier of the rateable property has specifically agreed in writing to pay the cladding rectification charge.
(2) If an occupier has agreed in writing to pay a cladding rectification charge and the occupier fails to do so by the due date, the occupier is liable to pay any penalty interest accruing as a result of that failure.
(3) An owner must not require an occupier to assume liability to pay any part of a cladding rectification charge as a condition of a residential tenancy agreement and an occupier is not liable to pay the charge merely by signing a residential tenancy agreement that contains such a condition.
S. 185N inserted by No. 46/2018 s. 79.