Coal Mining Subsidence Act 1991

24 Care of vacant dwelling-houses. E+W+S

(1) Subject to subsection (2) below, where in the case of a dwelling-house which is affected by subsidence damage—

(a) the requirements of section 23(2) above are satisfied; and

(b) notice of that fact is given to the Corporation by the person who immediately before the deterioration in the condition of the dwelling-house was entitled to possession of it (“the occupier”),

this section shall apply in relation to the dwelling-house so long as those requirements continue to be satisfied.

(2) This section shall cease to apply in relation to a dwelling-house, notwithstanding that the requirements of section 23(2) above continue to be satisfied, on the occurrence of any such event as is specified in paragraph 3(1) of Schedule 5 of this Act.

(3) So long as this section applies in relation to a dwelling-house, the Corporation shall take reasonable steps for—

(a) preventing or minimising the risk of the house or its contents suffering loss or damage while it is unoccupied; and

(b) inspecting the house for the purpose of discovering whether any such loss or damage has occurred;

and the steps which it may be reasonable to take include, in particular, steps for keeping the dwelling-house weatherproof and secure against persons seeking to enter it as trespassers or, in Scotland, without lawful authority.

(4) Where the Corporation request permission from the occupier to remove and place in storage at their own expense any of the contents of the dwelling-house, they shall not be liable by virtue of subsection (3) above for any loss or damage to any of those contents as respects which such permission is unreasonably refused.

(5) Any claim arising out of a breach of the duty imposed by subsection (3) above shall be determined by the county court in England and Wales and by the sheriff in Scotland.

(6) Nothing in this section shall affect any liability of the Corporation arising apart from this section.

Commencement Information

I1 S. 24 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2