Victorian Current Acts Victorian Current Acts(1) If the owner of a building or land is required under this Act or the regulations to carry out any work or do any other thing and the owner does not carry out the work or do the thing, the occupier of that building or land or any registered mortgagee of the land or the land on which the building is situated, may carry out the work or do the thing.
S. 251(2) amended by No. 26/2020 s. 3(1).
(2) Subject to subsection (2A), an occupier may—
(a) recover any expenses necessarily incurred under subsection (1) from the owner as a debt due to the occupier; or
(b) deduct those expenses from or set them off against any rent due or to become due to the owner.
S. 251(2A) inserted by No. 26/2020 s. 3(2), substituted by No. 40/2021 s. 50(1).
(2A) An occupier cannot recover from the owner, or deduct from or set off against any rent due or to become due to the owner, any expenses incurred by the carrying out, in respect of an essential safety measure, of repairs or maintenance work or an installation referred to in section 41(2)(b)(ii) of the Retail Leases Act 2003 , if the occupier has agreed to bear the expenses under—
(a) a retail premises lease to which that Act applies; or
(b) any other lease of a premises or an area in a retail shopping centre other than a premises or an area in a retail shopping centre that is used, or is intended for use, as a residence.
(3) A registered mortgagee may—
(a) recover any expenses necessarily incurred under subsection (1) from the owner as a debt due to the mortgagee; or
(b) give notice in writing of those expenses to the mortgagor.
S. 251(4) amended by No. 21/2017 s. 99.
(4) On the giving of notice under subsection (3)(b), the expenses are taken to be added to the principal sum owing under the mortgage.
S. 251(5) amended by No. 21/2017 s. 99.
(5) If the mortgagor is not the owner the mortgagor may recover the amount taken under subsection (4) to be added to the principal sum from the owner as a debt due to the mortgagor.
S. 251(6) amended by No. 26/2020 s. 3(3), substituted by No. 40/2021 s. 50(2).
(6) This section applies despite any covenant or agreement to the contrary, other than an agreement about the cost of the carrying out, in respect of an essential safety measure, of repairs or maintenance work or an installation referred to in section 41(2)(b)(ii) of the Retail Leases Act 2003 under—
(a) a retail premises lease to which that Act applies; or
(b) any other lease of a premises or an area in a retail shopping centre other than a premises or an area in a retail shopping centre that is used, or is intended for use, as a residence.
S. 251(7) inserted by No. 26/2020 s. 3(4).
(7) In this section—
"essential safety measure" has the same meaning as in the Building Regulations 2018 or any subsequent corresponding regulations;
Note
See section 30 of the Interpretation of Legislation Act 1984 .
"lease "has the same meaning as in the Retail Leases Act 2003 ;
S. 251(7) def. of retail premises amended by No. 40/2021 s. 50(3).
"retail premises" has the same meaning as in the Retail Leases Act 2003 ;
S. 251(7) def. of retail shopping centre inserted by No. 40/2021 s. 50(4).
"retail shopping centre" has the same meaning as in the Retail Leases Act 2003 .
S. 251A inserted by No. 21/2017 s. 53.