SMALL DWELLINGS ACQUISITION ACT 1899 - SECT 3 Conditions affecting house purchased by means of advance.

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SMALL DWELLINGS ACQUISITION ACT 1899 - SECT 3

Conditions affecting house purchased by means of advance.

3.(1) Where the ownership of a house has been acquired by means of an advance
under this Act, the house shall, until such advance with interest has been
fully paid, or the [district council] have taken possession or ordered a sale
under this Act, be held subject to the following conditions (in this Act
referred to as the statutory conditions), that is to say:

(a)Every sum for the time being due in respect of principal or of interest of
the advance shall be punctually paid:

(b)The proprietor of the house shall reside in the house:

(c)The house shall be kept insured against fire to the satisfaction of the
[district council], and the receipts for the premiums produced when required
by them:

(d)The house shall be kept in good sanitary condition and good repair:

(e)The house shall not be used for the sale of intoxicating liquors, or in
such a manner as to be a nuisance to adjacent houses:

(f)The [district council] shall have power to enter the house by any person,
authorised by them in writing for the purpose, at all reasonable times for the
purpose of ascertaining whether the statutory conditions are complied with.

(2) The proprietor of the house may with the permission of the [district
council] (which shall not be unreasonably withheld) at any time transfer his
interest in the house, but any such transfer shall be made subject to the
statutory conditions.

(3) Where default is made in complying with the statutory condition as to
residence, the [district council] may take possession of the house, and where
default is made in complying with any of the other statutory conditions,
whether the statutory condition as to residence has or has not been complied
with, the [district council] may either take possession of the house, or order
the sale of the house without taking possession.

(4) In the case of the breach of any condition other than that of punctual
payment of the principal and interest of the advance, the [council] shall,
previously to taking possession or ordering a sale, by notice in writing
delivered at the house and addressed to the proprietor, call on the proprietor
to comply with the condition, and if the proprietor

(a)within fourteen days after the delivery of the notice gives an undertaking
in writing to the [council] to comply with the notice; and

(b)within two months after the delivery of the notice complies therewith,

(5) In the case of the bankruptcy of the proprietor of the house, or in the
case of a deceased proprietor's estate being administered in bankruptcy ...
the [district council] may either take possession of the house or order the
sale of the house without taking possession, and shall do so except in
pursuance of some arrangement to the contrary with [the Official Assignee or]
the trustee in bankruptcy.

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Northern Irish Legislation

SMALL DWELLINGS ACQUISITION ACT 1899 - SECT 3