Where (1) by reason of deterioration due to the subsidence damage1 in the condition of the dwelling-house2, and having regard to the time which will be required to remedy that deterioration, the dwelling-house is not in a reasonably fit state for it to be used as such, and it is not used as such by or with the authority of the person who immediately before the deterioration in its condition was entitled to possession of it3; and (2) notice4 of that fact is given to the responsible person5 by the occupier6, the
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