Where a local authority1 claims to recover expenses under the Building Act 1984 from a person as being the owner2 of the premises3 in respect of which the expenses were incurred, and that person proves that:
(1) he is receiving the rent of those premises merely as agent or trustee for some other person4; and
(2) he has not, and since the date of the service5 on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority
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